DALLA SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Lalla Singh, who has been convicted by the learned Assistant Sessions Judge of Shajahanpur Under Sections 366 and 376, I.P.C. Lalla Singh has been sentenced Under Section 366, I.P.C. to rigorous imprisonment for two years and a fine of Rs. 200/- or further rigorous imprisonment for four months in default of fine. Under Section 376, I.P.C. he has been sentenced to rigorous imprisonment for three years and a fine of Rs. 300/-. The substantive sentences have been ordered to run concurrently.

(2.) The prosecution case is that Ram Lal was a resident of village Bhatpura. His unmarried daughter, Kumari Tankora was about 18 years old in November 1951. One evening Ram Lal was away from his house Kumari Tankora had gone to (sic) her buffalo at a place close to her house. Lalla Singh Appellant and one Munshi came there, and forcibly took away the girl. When she attempted to raise an alarm, the two persons threatened to kill her with pistols which they carried. These two accused were later joined by (sic) other men Pheru, Ashraf and Subedar. These men took the girl to a field. When Ram Lal returned home he found that his daughter was missing. He started a search for her. Ram Lal went to Jamuna Prasad, who is Sarpanch of the village. Next morning information was received that Munshi accused had been seen entering the field. Jamuna Prasad collected some fifty persons of the village, and got the field surrounded. One constable, who happened to be in the locality, joined the raid. There was fire from a pistol from inside the field. These villagers succeeded in capturing four men, Lalla Singh, Munshi Pheru and Ashraf. Subedar escaped. Kumari Tankora was also recovered from the field. Two pistols were recovered from the possession of Lalla Singh and Munshi accused. The girl narrated hat she had been abducted, and that later she had been raped by Lalla Singh accused. She was medically examined. Four accused, Lalla Singh, Munshi, Pheru and Ashraf were prosecuted for abducting the girl. Lalla Singh was further charged Under Section 376, I.P.C.

(3.) All the four accused pleaded not guilty. The learned Assistant Sessions Judge convicted Lalla Singh and Munshi Under Section 366 I.P.C. Lalla Sinjh was further convicted Under Section 376, I.P.C. Lalla Singh was sentenced for the two offences as detailed above Pheru and Ashraf were acquitted. This appeal has been filed by Lalla Singh alone.