SUNAUVVAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rishad Murtaza counsel for accused-Lala and Sri Lakshman Singh learned counsel for the appellant Sunauvvar and learned AGA for the State.

(2.) Instant appeal has been filed against the judgment and order dated 21997 passed by learned Special Judge, Unnao in Sessions Trial No.650 of 1994; State Vs. Sunauvvar and others arising out of Crime No.62 of 1993 under Sections 363, 366A, 368, 376 IPC, relating to Police Station Sohramau, District-Unnao whereby the learned trial court has acquitted the accused Faridi and Kallo and convicted accused Sunauvvar under Sec. 366 Penal Code and sentenced to imprisonment for 10 years, under Sec. 368 Penal Code and sentenced to imprisonment for 10 years, under Sec. 376 Penal Code and sentenced to rigorous imprisonment for 10 years. All the sentences were directed to run concurrently. Accused Sunauvvar was acquitted for an offence punishable under Sec. 363 IPC. Accused Lala was convicted under Sec. 368 Penal Code and sentenced for 10 years imprisonment.

(3.) According to the prosecution version, the FIR was lodged by complainant Manohar Singh father of the victim on 28.4.1993 stating that on 26.4.1993 his daughter victim 'A' (name of the victim is not being disclosed) at about 4.00 AM went to meet the call of nature. When she did not came back then the complainant inquired about her. On 28.4.1993 in the morning Mahadev and Chheda told him that they have seen his daughter victim 'A' was going with accused Sunauvvar, niece Kallo and Faridi brother of the Sunauvvar going towards Lucknow in the morning at about 4.30 AM. Kallo was a friend of the victim. They used to visit each other place. On the preceding day of the incident, Kallo had called victim to her house.