RAJENDRA @ CHATKNA Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant stood charged under sections 363, 366 and 376 of Indian Penal Code by Additional Sessions Judge (F.T. Court No. 4) Budaun (in Sessions Trial No. 126/04) and who by judgment and order dated 10.2.2005 held him guilty under sections 366 and 376, I.P.C. and sentenced him to undergo 10 and 7 years rigorous imprisonment, respectively. Both the sentences were to run concurrently.

(2.) According to prosecution, on 15.5.2003 at one O'clock appellant-accused alongwith his brother Bhola, uncles Chandrapal and Rajpal and two others Lakhpat and Sadhu in village Khayali Ki Marahiya, Police Station Sahsawan barged into the house of complainant P.W. 3 Radhey Shyam, and took away forcibly his 14 years old unmarried daughter P.W. 1 Km. Brahma against her wishes. This act of the accused and his cohorts was resisted by the wife of the complainant Rajwati and his father, who were given a beating by the accused. The incident was seen by P.W. 4 Gajraj and one Dal Chand, who had arrived at the spot after hearing the noise. P.W. 3 Radhey Shyam hag gone to Agra on the day of occurrence and returned three days thereafter. He says he went to lodge a report at Police Sahsawan but they refused to entertain his complaint. Thereafter, he approached a lawyer and with his help gave an application on 26.5.2003 to Sub-Divisional Magistrate, Sahaswan, who directed for registration of his F.I.R. to Police Sahaswan, who on 2.6.2003 lodged the F.I.R. (Case Crime No. 200 of 2003) and registered a case, under sections 363, 366 and 376, I.P.C. against the six accused noted above.

(3.) The investigation of the case was assigned to one P.W. 7 S.I. Naubat Singh. The Investigation Officer arrested the accused-appellant Rajendra alias Chatkna and produced prosecutrix P.W. 1 Km. Brahma and got her statement recorded under Sec. 164, Cr. P.C. He, thereafter, went to the place of occurrence on 5.6. 2003 prepared site plan, recorded the statements of the witnesses.