AYODHYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) The challenge in this appeal is the judgment and order dated 20.08.1994, passed by the VIth Additional Sessions Judge, Faizabad in Session Trial No.129 of 1992, relating to Case Crime No.63 of 1990, Police Station-Bewana, District-Faizabad, by which the appellant has been convicted for the offence punishable under under Sections 363, 366 & 376 I.P.C.

(2.) The brief facts of the case are that on 29.03.1990 when the daughter of the complainant aged about 12 years had gone to School, the appellant had called her daughter through the son of the complainant who was also studying in class-III in the same school and allured him by giving a sum of Rs.5/- and asked him to send the victim outside the school. When the daughter of the complainant came outside the school, she was enticed away by the appellant. She was informed that he had gone to village Siura where she went but till then the appellant had gone somewhere else alongwith her daughter. The matter was reported to the police on the same day at 16:30 hrs, upon which the case at Crime No.63 of 1990, under Sections 363, 366 & 376 I.P.C. was registered. The victim was recovered on 20.05.1990 by the police party from where she was sent for medical examination and her statement was also recorded. After concluding the investigation, the charge-sheet for the offence punishable under Sections 363, 366 and 376 I.P.C was submitted against the appellant.

(3.) The prosecution has examined the complainant Smt. Parwati as PW-1, who has proved the incident as well as the First Information Report as Ext. Ka-1. The victim has been examined as PW-2, who has stated that she was enticed away by the appellant and she was also subjected to rape forcefully by the appellant. Dinesh PW-3 is the brother of the victim who has also supported the prosecution version and has stated that he was studying in Class-III while his sister was studying in Class-IV and on the date of incident the appellant allured him by giving a five rupee note to buy sweet in exchange for calling his sister, upon which he had called his sister outside the school from where the appellant enticed her away on his bicycle. He informed the incident to his mother, on which after making search, the First Information Report was lodged.