PYARE MINYA @ JAFAR MOHAMMAD Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of learned Sessions Judge, Pratapgarh dated 01.09.1988 whereby, the accused appellant was convicted under Sec. 376 Penal Code & 366 Penal Code and sentenced to seven years rigorous imprisonment and four years rigorous imprisonment respectively. The accused appellant was also convicted under Sec. 411 Penal Code and was sentenced to six months rigorous imprisonment. No sentence of fine was imposed in all the three offences for which the accused appellant was held guilty, whereas under Sec. 376 and 366 IPC, fine should have also been imposed in addition to substantive sentence because there is no word "or" in between imprisonment and fine.

(2.) The prosecution story in brief is that an oral report was made before the S.H.O., Pratapgarh by one Shyam Sunder that on 10.04,1982. Raju Devi who was studying in class VIII, went to school but did not return from school till 11.45 A.M. At about 2.30 P.M., one Raziya Bano came to the house and told mother of Raju Devi that she has come to teach English to her daughter. Upon this, mother of Mst. Raju Devi told her that Raju had gone to school. She did not return tilt 5.00 P.M.

(3.) It has been stated in the report that Raziya Bano, a notorious lady, her mother Kursia and niece Rukhsana have kidnapped Mst. Raju Devi. It was also stated in the report that certain ornaments were also stolen from the house. It was apprehended that Raju Devi might be in the house of Pyare Minya. The police registered a case under Sec. 366 & 380 IPC.