M.M.Gupta - (1.) THIS appeal has been filed by Kharag Singh, Mansingh. Jawahar Chhotey and Kripa Ram. Out of them, all except Kripa Ram, were convicted under Section 366 IPC and sentenced for four years' R. I. Kripa Ram was convicted under Section 368 IPC and sentenced to four years' R.I.
(2.) KM. Suneeta was living in Mohalla Ghasi of Ganjudundware along with her mother Smt. Sarupi Devi in Maternity Centre. In the same building on the upper storey, Kharag Sing and Jawahar appellants also lived. Jawahar appellant had appeared at the High School Examination. KM. Suneeta was a student of Class VII in Vedic Kanya Higher Secondary Schools Ganjudundwara. On 4-5-1970 she had gone to appear at her examination and since then she did not return to her home. Her mother Smt. Sarupi Devi was in the town on that day. At about 8 P. M. on 4-5-1970 when she returned to her house she came to know about the missing of KM. Suneeta from her mother, who also lived with her. On enquiry, Kharag Singh told him that he had seen Jawahar appellant, his sister Vidya and brother-in-law Man Singh along with KM. Suneeta at the railway station. They had in all probability taken her towards Kampil. The report was there after lodged by Smt. Sarupi on 5-5 -1970 at 9.05 p. m. after she had searched for KM. Suneeta and did not find her. It appears that on 4-7-1970, a telegram was received by Smt. Sarupi Devi. She handed it over to Mohd. Ismail Khan S. O. Ganjudundwara. In accordance with the information about Km. Suneeta's presence in Nari Niketan, Gwalior, Mohd. Ismail Khan proceeded to Gwalior and took her into his possession on 6-7-1970. He prepared the recovery memo. She was brought back to Etah, where Km. Suneeta was examined by Dr. Km. Kamla Misra, Medical Officer-in-charge, women Hospital, Etah on 8-7-1970 at 11.30 a. m. According to Doctor, her height was 4' 7 1/2". Her weight was 70 lbs. and her teeth were 14 x 14. Space for 3rd Molar was not formed as yet. Breasts were semi spherical developing. Axillary and pubic hairs were scanty and brownish in colour. No marks of external injury was found on her body. Hymen had old tears. Vagina was loose and admitted two fingers easily. Vaginal smear was taken and sent for examination. X-ray of wrist and elbow joints was advised.
(3.) X-ray was performed by Dr. N. K. Mittal. It disclosed that epiphysis of elbow joints were fused but radius and ulna had not fused. According to him, her age was approximately 16 or 17 years and she was habitual to sexual intercourse. The investigation of the case was conducted by S. I. Sri Satyavir Singh. On 6-5-1970, he had recorded the statement of Smt. Sarupi and also Kharag Singh appellant, who had accompanied her. He continued his efforts for the search of Km. Suneeta, but he did not succeed. It was only on 1-7- 1970 that he had received information that Km. Suneeta was in Gwalior with Man Singh appellant. On 13-7-1970, after his return from leave. he came to know that Mohd. Ismail Khan, Station Officer, had recovered Km. Suneeta from Gwalior. He recorded his statement. He also got the statement of Km. Suneeta under Section 164 CrPC recorded before the Magistrate. The proceedings under Section 87 and 88 CrPC were taken against the appellants Jawahar and Man Singh and Babu. On 27-3-1971 Km. Suneeta was taken to different places where she pointed out the places where different happenings took place with her. Thereafter the arrest of Kripa Ram, Chhotey, Smt. Vidya, Babu, Smt. Kashi Bai was effected. He also prepared the site-plan of the house of Man Singh in which Km. Suneeta was kept. The site-plan of the house of Kripa Ram where Km. Suneeta was kept was: also prepared. After completing the investigation, the charge sheet against the appellants and Smt. Vidya, Babu and Smt. Kashi Bai wife of Kripa Ram was submitted.;