BABU Vs. STATE

JUDGEMENT

(1.) JUDGMENT Both these criminal appeals have been preferred against the same judgment and order dated 4.1.1996 passed by Additional Sessions Judge, Rookee hence, both the appeals are being disposed of by this common judgment and order.

(2.) THESE criminal appeals, preferred by the appellants u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the judgment and order dated 4.1.1996 passed by Additional Sessions Judge, Roorkee in ST. No. 178/1992, State Vs. Mohd. Arif and others, whereby the learned Additional Sessions Judge con­victed the accused/appellant Mohd. Arif under Section 376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo seven years' R.I. with a fine of Rs.500/-. Another accused/appellant Babu was con­victed u/s 368 IPC and was sentenced to five years' R.I. with a fine of Rs.500/-. In default of payment of fine, further six months imprisonment to each of the ac­cused/appellants was awarded. However, the coaccused Yusuf was acquitted of the charges leveled against him by the trial court.

(3.) IN brief, the prosecution case is that on 31.10.1989 Ramnath (P.W.1) lodged the F.I.R. at Police Station Manglore stat­ing therein that at about 05:00 A:M the accused/appellant Mohd. Arif has taken his daughter Baby by enticing her. It was also stated that Dr. Gopal, Ashok Kumar and some other persons saw his daughter while going with the accused/appellant Arif. He tried to search his daughter but all in vain. With the same averments, F.I.R. was lodged by the father of the victim-Ramnath (P.W.1) at Police Station Manglore on 31.10.1989 at 07:00 P:M. That F.I.R. is Ext.Ka-1. On the basis of this F.I.R., Chik F.I.R. (Ext.Ka-10) was prepared by Head Mohirror Rameshwar Prasad (P.W.6). The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-11. The investigation of this case was entrusted to Sub Inspec­tor R.S. Tiwari (P.W.5). On 31.10.1989/1.11.1989 in the night, the victim was recovered from the house of the accused/appellant Babu and a FARD thereof was prepared, which is Ext.Ka-2. The victim Km. Anshu was given in the supardagi of her father Ramnath Sharma (P.W. 1) and the supardaginama was prepared which is Ext.Ka-3. On 1.11.1989 at 01:30 P:M, the victim was medically examined by Dr. K.K. Mehta. Thereafter the medical report was prepared which is Ext.Ka-6. The X-ray of the victim was also conducted and the X-ray report is Ext.Ka-5. On the ba­sis of X-ray report (Ext.Ka-5), supplemen­tary report (Ext.Ka-7) was prepared by Dr. K.K. Mehta on 8.11.1989. During the course of investigation, the I.O. recorded the statement of the witnesses and pre­pared the site-plan of the place of recov­ery. That site-plan is Ext.Ka-8. On com­pletion of the investigation, the I.O. sub­mitted the charge sheet against the ac­cused/appellants Mohd. Arif, Babu and the coaccused Yusuf (acquitted by the trial court). That charge sheet is Ext.Ka-9.