RAM BALI Vs. STATE OF U.P.

JUDGEMENT

(1.) UNDER challenge in this ap­peal is the judgment and order dated 8-11-2006, convicting the appellant Ram Bali un­der Section 376 I.P.C. and sentencing him to undergo rigorous imprisonment for 7 years with a fine of Rs. 5000/-, in default of payment of fine further to undergo additional imprisonment for three months but acquitting the remaining two accused namely Smt. Laxmi and Smt. Vidyawati under Sections 363, 366 I.P.C.

(2.) THE facts wrapped in brevity are that on 29-7-2004 at about 4:00 p.m. while the fa­ther of the prosecutrix had gone to market his daughter Gudiya aged about 14-15 years was enticed away by Smt. Vidya and Laxmi (sis­ter and niece of the appellant Ram Bali). Thereafter, the appellant Ram Bali also joined and they went to Delhi where she remained for about 8-9 days and then she came back on 9-8-2004 on her own to her father's house situated at Village Sahab Khera, Majra Adgaon Pasa Khera, Tehsil-Purwa, District Unnao. The report was lodged on 1-8-2004 at 12:15 p.m. She was medically examined on 9-8-2004 at 5:30 p.m. (Ext. Ka-1). As per supplementary report (Ext. Ka-2) her age was found to be about 17 years. After completion of the investigation the charge sheet was sub­mitted against three persons including the present appellant and as usual after taking cognizance by the Magistrate these accused were committed to the Court of Session. All the accused denied the charges and claimed trial.

(3.) IN the statement under Section 313 Cr.P.C. it was said that the witnesses were giv­ing false statements.