LALA RAM Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This Appeal has been directed against the conviction and sentence passed by the II Addl. Sessions Judge, Shahjahanpur, on 12-9-1979. The appellant was convicted under Section 363, IPC and sentenced him to suffer R. I. for four years.

(2.) THE prosecution case is that on 17-12-1977 the appellant came to the house of the complainant and told him that his Mummy had called Chameli, the victim girl. So Chameli accompanied the appellant and proceeded to the west of the house where there is a grove and a canal. On the way accused Ram Chandra, Kali Charan and Ram Raj joined them. PW-2 Babu Ram and Mata Din saw them to go together. When Chameli did not return to the house, Munshi (PW-1) father of Chameli went in her search but he did not find his daughter in the house of Rama, Mummy of the appellant. Babu Ram (PW-2) and Mata Din told him that they saw his daughter going with the appellant and other. THE complainant searched for his daughter for about a week but could not trace her and on 12-12-1977 lodged an F. l. R. Chameli was kept in the house of Rama during the night and the next day she was taken to the house of Prem Raj where from she was taken by the appellant to Shahjahanpur and kept her in his house for a day. THE appellani then took her to village Bahadurpur, District Fatehgarh and kept her in the house of his Behnoi for 4-5 days wherefrom she was recovered by police. THE victim girl was sent for medical examination which was done by PW-5 Dr. M. Agarwal on 23-12-1977. PW-6 B. D. Saxena did the X-ray of the joints of the victim girl and Dr, Agarwal prepared the report. According to the report she was aged about 16 years. No definite opinion regarding rape can be given as the girl was used to sexual-inter course. THE investiga tion was done. A charge-sheet under Sec tions 363 and 376, IPC was filed against the appellants and others.

(3.) THE learned Counsel has argued at length stating that the girl was major for which the charge under Section 361, IPC cannot be sustained, since the trial Judge held that she was a consenting party.