CHANDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 16.4.2012, passed by learned Additional Sessions Judge, (Ex. Cadre), Rampur in Session Trial No. 236 of 2011 ( State vs. Chandra Pal ) whereby the appellant Chandra Pal has been convicted and sentenced to undergo 5 years' rigorous imprisonment and a fine of Rs. 5000.00 under Sec. 363 IPC, 7 years' rigorous imprisonment and a fine of Rs. 7000.00 u/s 366 Penal Code and 10 years' rigorous imprisonment and a fine of Rs. 20,000.00 under Sec. 376 Penal Code with default stipulation.

(2.) In short compass, the facts giving rise to the present appeal are that the First Information Report was lodged by presenting a Tehrir with the allegation that informant and her husband alongwith two minor daughters, aged about 11-12 and 5-6 years, had gone to fair of Rathora, as husband of the informant is Mochi (cobbler). In the adjoining one Chhtrapal, son of Phool Singh, stalled the shop of Pakauri. He accompanied with another person who took the liquor and ate Pakauri and came to the husband of the informant by saying that they shall provide food to their girls as food in the Bhandara had been finished. They took away their daughters. The younger daughter came back but elder daughter, aged about 11-12 years, did not return. On being recovered, the victim was got medically examined and her statement under Sec. 164 Crimial P.C. was recorded. The Investigating Officer after concluding the investigation submitted charge-sheet against the appellant, Chandra Pal under sections 363 , 366 and 376 IPC. The accused-appellant has been charged under sections 363 , 366 and 376 Penal Code to which he pleaded not guilty and claimed to be tried.

(3.) To bring home the guilt of the accused, the prosecution has examined as many as eight prosecution witnesses.