- (1.) HEARD Sri S.K. Kulshreshtha, learned counsel for the appellant and Sri A.K.Verma, learned Additional Government Advocates and perused the record.
(2.) THIS is an appeal against the order dated 25.04.1986 passed by Vith Additional Sessions Judge, Etah in S.T. No.21 of 1986 , by which the appellant has been held guilty under Section 366 I.P.C. and has been subjected to punishment for two years' rigorous imprisonment. Case of the prosecution is that Km. Triveni is sister of Gauri Shankar, complainant and is resident of village Mirapur, police station Marehra, district Etah. Her father Mahendra Pal had died at the time of alleged occurrence. Km. Triveni was aged about 14 years at the time of occurrence and was studying in Class Vth. In the primary school of the village. The mother of Km. Triveni and her brother Gauri Shankar both had gone in village Sejan Najla on 09.02.1985. It is alleged that accused Edal Singh and Amar Singh induced her to go with them and they took her by enticing her away with them. One Jai Singh also was with them. They took her in the day on 09.02.1985 at about 12.00 noon from the Primary School, situate in the village, with the intention to have illicit intercourse with her or knowing that she may be forced or seduced to illicit intercourse. While the accused were taking her, they were seen by Gyan Singh and one Amar Singh. When Gyan Singh asked from them where they were going, the accused beat him and went therefrom. It is also alleged that Km. Triveni had taken some ornaments also with her.
(3.) WHEN Gauri Shankar and his mother returned from village Sejan Nagla in the evening they were told by Gyan Singh and Amar Singh about the incident. Then on the next day, i.e. on 10.02.1985, he wrote a report Ext.Ka-3 and went at the police station Marehra and handed over the written report to Head- Moharrir who prepared the chik F.I.R. Ext. Ka-4 and made its entry in G.D. at Rapat No.18 at 12.30 p.m. Vide its copy Ext.Ka-;