HARPAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by Harpal son of Om Prakash Yadav and Ram Niwas son of Bharat both residents of village Lahra Nagla, P.S. Gunnaur, District Badaun against the judgment and order dated 3.8.2005 passed by Addl. Sessions Judge, F.T.C. No. 1, Badaun in S.T. No. 851 of 2002 whereby he found the accused persons guilty and convicted them under Section 366, 376(2)(g) IPC and sentenced them to undergo rigorous imprisonment for 7 years and 14 years respectively. He also imposed fine of Rs. 5000/ and 10,000/- and further directed that in case of default they will have to undergo additional imprisonment for three and five years under the two sections respectively. He also directed that the sentences shall run concurrently The accused were, however, acquitted of the charge under Section 363 IPC.

(2.) I have heard Sri Shanker Suvan, learned Amicus curiae for the accused appellants and Sri S.K. Yadav, the learned Counsel for state and have perused the Trial Court record.

(3.) Brief facts of the case are that prosecutrix, daughter of the informant Khacheru son of Tota Ram, resident of Lahra Nagla, P.S. Gunnaur. District Budaun, on 25.9.1999 at about 7 p.m. had gone to ease along with her two younger sisters aged 13 and 10 years in the jungle. At the tiem, accused Har Pal Singh and Ram Niwas came there and threatened to kill the daughters of the informant and also showed them tamanchas. Acqused persons kidnapped the prosecutrix and the other two daughters ran to the house and informed the complainant about the incident. He searched his daughter in the village and also in the jungle but could not find her. In the morning he collected the respectable villagers and along with them went to the house of Harpal and Ram Niwas. He talked to Om Prakash father of Harpal and also to mother of Ram Niwas, who promised to bring back his daughter within day or two. But later on they refused. The complainant continued to search her daughter but could not find and then he lodged the written report Ex-Ka-2 at P.S. Gunnaur on 4.10.1999 at 8.45 a.m.