Vijay Kumar Verma, J. - (1.) Challenge in this Appeal under Section 374(2) of the Code of Criminal Procedure (in short, 'the Cr.P.C) is to the judgement and order dated 20.10.1981 passed by the 1st Addl. Sessions Judge, Moradabad in S.T. No. 597 of 1978 (State v. Dindayal @ Deena and others), whereby the appellants Dindayal @ Deena and Surya Kumar @ Surya Prakash have been convicted and sentenced to undergo rigorous imprisonment for five years under Sections 366 and 376 IPC. By the same judgement, the appellant Vinod Kumar has been convicted and sentenced to undergo three years' rigorous imprisonment under Section 368,I.P.C. All the sentences have been directed to run concurrently.
(2.) The First Information Report was lodged by Mathura Prasad Sharma s/o Ram Prasad Sharma resident of Village and Post Office Pawasa, District Moradabad, who is the maternal uncle of the prosecutrix Km. Pushpa. The case of the prosecution as appearing from the chik FIR Ext. Ka-6, in brief, is that Smt. Snehlata with her two daughters aged about two years and 13 years had come to appear in High School Examination at Shankar Bhushan Inter College, Sambal and she was staying with her uncle Jai Prakash Sharma. On 7.4.1977 Smt. Snehlata came to her brother Mathura Prasad Sharma at Village Pawasa at about 3.00 p.m. and told him that her daughter Km. Pushpa had gone to purchase biscuits from the market, but she has not yet come back. On this information, search for Km, Pushpa was made. When the complainant came to Sambhal, he was told by the witnesses Ravindra Gupt, Sipattar Singh Raghav and Munshi that they had seen his niece Km. Pushpa going with Surya s/o Brij Ram and Deena s/o Ram Charan of village Pawasa on motorcycle at about 12 O'Clock in the day on the road near Suryakund Temple, It is also alleged in the FIR that these accused have enticed away the niece of the complainant, as they were having enmity with him.
(3.) On the basis of the written report Ext. Ka-1, the then Constable Moharrir Lajpat Singh prepared chik FIR Ext. ka-6 on 7.4.1977 and registered a case under Section 363, 366, IPC at 7.10 p.m. against Surya and Dina. Entry of Registration of the case was made in G.D. No. 45 (Ext. Ka-7) at the same time.;