REGENT COMPUTRONICS PVT. LTD.

Tanno Appellant

V/S

STATE OF U P Respondents

Referred Judgements :-

JUDGEMENT

(1.) Challenge in the instant criminal appeal is the judgment and order dated 12.05.1998 passed by the then 5th Additional Sessions Judge, Unnao, in Sessions Trial No.496 of 1991 arising out of Case Crime No.526 of 1989. By the impugned order, appellants namely Smt. Tanno @ Tarawati, Radhey Shyam, Tej Ram, Smt. Munni and Laxmi Narain @ Pappu were found guilty for the offence under Sections 363, 366, 368 and 376 IPC, Police Station Kotwali, District Unnao and were sentenced as under:-

(2.) The prosecution story reveals that Anil Kumar Gupta was residing with his younger sister, the victim, aged about 13 years after the death of his parents. The complainant Anil Kumar Gupta used to sell fruits on Thelia and on the date of incident i.e. 07.06.1989 at about 08.30 am when he was out of his house for selling the fruits, Smt. Tanno @ Tarawati wife of Ashok Kumar and Laxmi Narain @ Pappu came to his house and on the pretext that Nani is sick, by enticing and inducing on the false pretext, they took away the victim from the house of the complainant. When he returned home, the victim (his sister), was found in the house and then neighbours informed that his Mausi and Mama, the above named accused persons, had visited in the morning and took his sister with them. The complainant visited the house of Nani where he was informed that they have gone to Lakhimpur Kheri and again when she was found there, the complainant complained the fact to the police station by means of a complaint (Ext. Ka-1). The prosecution story reveals that the victim, sister of the complainant, was induced on the false pretext and kidnapped by accused with intention to marry with a person against her will or against the desire of the complainant, who is the brother of the victim. The case was initially registered under Section 363 and 366 IPC against accused/appellants Laxmi Narain, Tanno @ Tarawati and Tej Ram and later on after investigation, it was found that the victim was subjected to false marriage and one Radhey Shyam induced on the false pretext of marriage and committed sexual intercourse with the victim against her desire and will and thus, after investigation, a charge sheet under Section 363 and 366 IPC against Laxmi Narain, second charge sheet under Section 363, 366 and 376 IPC against Radhey Shyam, Tej Ram and Smt. Munni and third charge sheet under Section 363, 366 and 376 IPC against Smt. Tanno alias Tarawati, were submitted. Learned Magistrate took cognizance and committed the case to the Court of sessions for trial. After framing the charge, it was read over to the accused/appellants for which they denied and claimed for trial.

(3.) In order to prove the prosecution story, the prosecution examined the following witnesses:-

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TANNO Vs. STATE OF U P

Referred Judgements :-

JUDGEMENT

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