KARAM CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 3.02.2017 passed by Additional Sessions Judge / Fast Track Court-I, Bahraich in Sessions Trial No.226 of 1999, State versus Karam Chand, whereby the learned Additional Sessions Judge has convicted the appellant-accused Karam Chand and sentenced him to undergo 10 years imprisonment under section 376 I.P.C. and also to pay a fine of Rs.10,000/-, half of which shall go to the injured. If he fails to deposit the fine, he will undergo additional imprisonment for 2 months.

(2.) Narrated concisely, prosecution case against the appellant is that the complainant Kallu Ram lodged a written report on 19th March, 1997 before the Superintendent of Police, Bahraich, stating therein that the appellant Karam Chand, Siyaram and Sri Narayan have enticed away his daughter Geeta Devi in the intervening night of 17/18.3.1997 around 12 O'clock. He informed the police but no enquiry was made. His daughter took three items of jewelry (kardhan, golden nathuni and tika of gold) along with her. He is suspecting that the appellant will murder or sell her daughter after taking ornaments from her.

(3.) The FIR was lodged on 21st March, 1997 at 23 hour against Karam Chand, Siyaram and Sri Narayan as Case Crime No.248 of 1997, under Sections 363 and 366 IPC. On 29.5.1997 at around 11.30 a.m., the prosecutrix was recovered along with the appellant-Karam Chand at roadways bus station, recovery memo was accordingly prepared and the prosecutrix was medically examined.