KRISHAN KUMAR @ KUKKOO Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused/ appellant against the judgement and order dated 15.12.1988 passed by the VII Additional District & Sessions Judge, Meerut in Session Trial No. 251 of 1986 convicting and sentencing the appellant for the offence punishable under Sec. 368 Penal Code for two years rigorous imprisonment.

(2.) The facts of the case, as unfolded by the informant Prem Singh son of Faqir Chand in the First Information Report (in short 'F.I.R.'), are that the informant was a rickshaw-puller and his wife worked in a school. On 10.11985, the informant had gone with his rikshaw and his wife had gone to school. His two daughters, namely, Kamla aged 14 years and Kusum aged 10 years were at the house. At 5.30 P.M. when the complainant came to his house, his younger daughter told him that Ram Bharose and Jai Prakash had taken Kamla at about 30 p.m. on the pretext that her father had directed them to take footwear (chappal) for her. The complainant also suspected that Kamal Singh was also having his hand in this occurrence. When the complainant went to enquire about the girl from Kamal Singh, he replied that he did not know anything about her daughter and when the complainant enquired from his father Bhagirath, both his sons beaten their father Bhagirath. These persons had kidnapped his minor daughter by enticing her away from his house.

(3.) On the basis of the written report (Ext. ka-3), chik First Information Report was registered at Police Station concerned on 10.12.1985 at 10.30 p.m. mentioning all the details as had been described in Ext. Ka-. G.D. entry was also made at the same time.