RAM SWAROOP Vs. STATE

JUDGEMENT

(1.) This is an appeal by convict Ram Swaroop against the judgement dt. 30-4-82 convicting him under Ss.376, 366 and 363, I.P.C. and sentencing him to R.I. for 4 years, 3 years and 2 years respectively. The sentences were to run concurrently.

(2.) Prosecution case is stated briefly. Km. Munni prosecutrix aged about 14 years lived with her mother, Ram Kali in village Pataura Sakinpur P.S. Kakori, district Lucknow. The appellant who happened to be the maternal uncle of Km. Munni by way of distant relationship, used to visit the house of Ram Kali. On 21-2-78 at about 11 a.m. the appellant took away Munni on the pretext of taking her to the place of marriage of his sister's daughter. Ram Kali was away from her house in connection with the earning of her livelihood. Thus, Munni was kidnapped with intention to commit illicit intercourse with her. Ram Kali returned home at about 4-00 p.m. She found Munni absent and suspected the appellant. She lodged First Information Report on 22-2-78 at about 11.30 a.m. at P.S. Kakori. The appellant detained the girl who was recovered from his house on 18-5-78 in presence of Kamla (PW 2) and her mother by Sub-Inspector Anwar Mohd. who was investigating the case. Munni was raped between 22-2-78 to 18-5-78 by the appellant. After recovery of the girl her medical examination was conducted by Dr. Archana Misra (PW 3) who suggested X-ray examination and also examined X-ray plate and gave her report. In her opinion the age of the girl was about 15 years.

(3.) The appellant pleaded not guilty and alleged his false implication due to enmity. The prosecution has examined six witnesses in all. They are PW 1 Smt. Munni, the prosecutrix, PW 2 Smt. Ram Kali, mother, PW 3 Smt. Archana Misra, PW 4 Kishan Chand, ward boy of Balrampur hospital, PW 5 Kamla, witness of recovery and PW 6 Anwar Mohammad, I.O.