SHYAM DHAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri A.R Siddqui, learned counsel for appellant, learned AGA and perused the record.

(2.) The present appeal arises out of the judgment and order dated 3.3.2001 passed by the learned Additional Sessions Judge, Faizabad in Session Trial No.240 of 1998, arising out of Case Crime No.249 of 1997 registered at Police Station Bewana, District Ambedkar Nagar convicting the appellant under Sections 363 and 366 of the Indian Penal Code (hereinafter referred to as ''IPC') for five years rigorous imprisonment with a fine of Rs.3000/- and in default of payment of fine, to undergo further six months rigorous imprisonment and under section 376 IPC the accused-appellant was awarded punishment for seven years rigorous imprisonment with a fine of Rs.3000/- and in default of payment of fine, to undergo six months rigorous imprisonment. It was directed that all the sentences will run concurrently.

(3.) On a written complaint of the complainant Zokhu, P.W.-1 the father of the prosecutrix P.W.-2, Case Crime No.249 of 1997 under Sections 363, 376 IPC was registered on 23.9.1997. The allegations were that on 19.9.1997, at around 7:00 p.m., when the complainant was away from his house, the accused-appellant enticed away his daughter. It was alleged that the age of the prosecutrix at the time of incident was 13 years.