RAM DASS Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Chaubey, J. This appeal has been filed against the judgment arid order dated 24th April, 1979 of Sri B. N. Pandey, III Additional Sessions Judge, Etawah by which he convicted the appellants under Section 376 of the Indian Penal Code and sentenced each of them to undergo three years rigorous imprison ment.

(2.) THE case of the prosecution as per the first information report lodged by Sarman Lal on 28-12-1976 at 11 a. m. is that his daughter Manka Devi is aged about 13 years. As usual she went to graze goat on 27- 12-1976. Appel lants Ram Das and Nekse of Mohalla Sati, at about 5 p. m. , induced her to go with them. THEse boys used to visit the house of the first informant. THE younger daughter of the first informant saw them going with Kumari Manka Devi and told them that she would make a complaint to her father at which she was given Rs. 6 to keep quiet. One more person saw the girl going with these two boys and on enquiry he was informed that she was being taken to her house. When the girl did not return upto 7 p. m. , the first informant searched her. He, however, came to know that the two appellants had kidnapped his daughter. THE first informant came to the house of the appellants with 2-4 persons but they were not there.

(3.) IN the Court below the appellants Were charged under Sections 366, 368 and 376, I. P. C. . to which they pleaded not guilty.