VISHNU KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal u/S. 374, Cr.P.C. by appellant Vishnu Kumar arises out of the judgment and order dated 27-9-2000 passed by the Additional Sessions Judge No. 1, Sikar, thereby holding the appellant guilty of having committed offence under Sections 363, 366 and 376, IPC and accordingly convicting and sentencing him as mentioned below : Under Section 363, IPC Rigorous imprisonment for 3 years with a fine of Rs. 100.00, in default thereof, to further undergo simple imprisonment for one month. Under Section 366, IPC Rigorous imprisonment for 5years with a fine of Rs. 200.00,in default thereof, to further undergo simple imprisonment for two months. Under Section 376, IPC Rigorous imprisonment for 7years with a fine of Rs. 500.00,in default thereof, to further undergo simple imprisonment for five months.

(2.) The sentences were ordered to run concurrently.

(3.) The facts giving rise to the present appeal are summarised as here below : PW-7 Ram Swaroop, lodged a written report, Ex. P.9 at Police Station, Kotwali, Sikar on 17-9-1995 at 10.15 AM with regard to an incident alleged to have taken place on 16-9-1995 at about 5-6 PM. In the report, the complainant alleged that appellant Vishnu Kumar has taken away his niece Kumari Sunita Soni, aged about 15 years, by coaxing and beguiling her. It was stated in the report that despite best efforts she could not be traced.