ASREY Vs. STATE OF U. P.

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 19.11.2002 passed by Sri R. P. Singh, VIth Additional Sessions Judge, Gonda in Sessions Trial No. 232 of 1995, convicting the appellant -Asrey son of Kallu under Section 363, I.P.C. and sentencing him for two years' rigorous imprisonment and to pay fine of Rs. 500 in default one month's additional rigorous imprisonment ; under Section 366, I.P.C., three years' rigorous imprisonment and to pay fine of Rs. 1,000 in default two months' additional rigorous imprisonment, under Section 376, I.P.C., seven years' rigorous imprisonment and fine of Rs. 2,000 in default three months' additional rigorous imprisonment. Appellants -Kallu and Atwari were convicted only under Sections 363 and 366, I.P.C. Under Section 363, I.P.C., both were sentenced to two years' rigorous imprisonment and fine of Rs. 500 each, in default one month's additional rigorous imprisonment. Under Section 366, I.P.C., both were sentenced to three years' rigorous imprisonment and fine of Rs. 1,000 each, in default two months' additional rigorous imprisonment.

(2.) THE facts wrapped in brevity are as under : The complainant Kabir Saran resident of village Bilauli Bhgha Jot, Police Station Utraula, district Gonda, lodged a report on 3.6.1991 at 7.10. p.m. (Ext. Ka -1) at Police Station, Utraula saying that on 1.6.1991 early in the morning at about 4 a.m. when his 14 years old daughter, Samundra had gone to ease out in the east of the village, all the four accused who belong to the same village enticed and kidnapped her with intention to perform her marriage. After registration of the case the matter was investigated upon. On 20.8.1991 the girl was recovered from the possession of Ram Asrey in front of brick kiln of Shyam Lal in village Banbhusa under Police Station, Utraula, vide Fard (Ext. Ka -2). Then on 21.8.1991 she was got medically examined. The vaginal report was found negative. The age of the girl on the basis of ossification report and the report of radiologist was found to be 15 years. She was also found to be used to sexual intercourse. On 27.8.1991 her statement under Section 164, Cr. P.C., was recorded in which she stated to have gone on her own sweet will with convict Atwari. She did not make any allegation against any of the remaining accused also (Paper No. Ka -17/1). After completing the investigation the charge -sheet was submitted against the accused persons under the aforesaid sections.

(3.) IN the statements under Section 313, Cr. P.C. all the accused denied the evidence which came against them. None of them adduced any evidence in defence.