RAM GOPAL Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) THIS is an appeal filed by Ram Gopal (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Session Judge, Chandigarh dated 17.5.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under sections 342 and 366 of the Indian Penal Code. Subsequently, after hearing the appellant on the quantum of sentence, he was sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 342 IPC and rigorous imprisonment for four years and a fine of Rs. 1000/ - for the offence punishable under Section 366 -A IPC. In default of payment of fine, he was to undergo further rigorous imprisonment for one year. The sentences were directed to run concurrently.

(2.) THE relevant facts of the prosecution case are that Sarita Kumari lived in Sector 22 -C, Chandigarh. On 3.2.1994 she had gone to the house of her mother -in -law in House No.3313, Sector 22 -D, Chandigarh. Km. Nidhi is the daughter of Sarita Kumari and was aged about 6 -1/2 years at that time. Sarita Kumari was accompanied by her son. The children went out and started playing the park. At about 7.00 P.M. Sarita Kumari came out from the house of her mother -in -law because she had to go back to her house. She looked for her children. Km. Nidhi was not to be seen. Immediately, thereafter she heard the cries of her daughter from House No.3344 in the neighbourhood.

(3.) ACCOMPANIED by her son she went there and knocked the door of the said house. It was found bolted from inside. She raised an alarm. Smt. Kailash also came there. Since there was no response from inside and she could hear her daughter crying, they broke open the door by hitting it with bricks. Km. Nidhi was found with the appellant. While crying she told her mother that the appellant had induced her to go with him in his house by offering sweets. Thereafter, the appellant bolted the door and put his hand on her mouth. He had kissed and asked her to untie the string of her salwar. The appellant was captured by Sarita Kumari and other residents of the locality who had come there.