BEERU @ BIRBAL RAM Vs. STATE

JUDGEMENT

(1.) This appeal has been filed from jail by the accused- appellant Beeru @ Birbal Ram, seeking to challenge the conviction and sentence, recorded by the learned Additional Sessions Judge, Srikaranpur, convicting the appellant for the offences under Sec. 363, 366 and 376 I.P.C. and sentencing him to rigorous imprisonment for 7 years under Sec. 363 I.P.C., 1 years under Sec. 366 IPC., and 10 years under Sec. 376 I.P.C. so a so imposing a fine of Rs 1,000.00 under each count, and directing him to undergo six months additional imprisonment in default of payment of fine on each count. The substantive sentences were ordered to run concurrently.

(2.) Brief facts of the case are, that on 27.7.1999 at 2.00 p.m. verbal to report was lodged at Police Station Keshrisinghpur by Mohan Lal (PW/1), to the effect that in the night of 22.7.99 his daughter Roshni Devi aged 14-15 years was sleeping in Augan, and in the morning she was found missing, whereupon search was made in the vicinity but to no good. It was also mentioned that she was wearing pink colour garments and nylon slipper. It was also mentioned that on 24.7.99 a report was lodged at police station for her search, than he continued to search amongst relatives, but in vain. According to the informant, on further enquiry he has learnt that his daughter Roshni Devi has been enticed away by his neighbour Beeru with intention to marry. it is also mentioned that Beeru was on visiting terms. On this report a case for the offences under Sec. 363, 366 IPC. was registered and investigation commenced.

(3.) During investigation, it was on 18.8.1999, that the girl was recovered at police station premises Mandore vide Ex.- P/3, thereafter she was got to medically examined on 19.8.99 vide Ex.P/14. After completing other investigation, including arresting the appellant, the challan was filed for the offences under Sec. 366, 363 and 376 I.P.C. in the Court of Additional Chief Judicial Magistrate Srikaranpur from where the case was committed to the learned trial court.