N.N.Sharma - (1.) SUGHAR Singh son of Sri Badrivishal Singh resident of village Singhwal, Police Station Pachim Sarira, District Allahabad has filed this appeal against his conviction under sections 363/366 IPC by Sri Ikram-Ul-Bari additional Sessions Judge, Kanpur in ST No. 32/76. Appellant was sentenced two years' R.I. and a fine of Rs. 200/- and in default one month's further R.T. u/S. 363 IPC, he was further sentenced to 5 years' R. I. and a fine of Rs. 500/- u/S. 366 IPC. In default of payment of fine he was to further undergo R. I. for a period of 6 months. The substantive sentences of R. I. under both the counts were ordered to run concurrently.
(2.) PROSECUTION story briefly stated is that appellant happend to be related to informant Parmeshwar Singh (PW 2), resident of Kanpur. He used to reside at the house of Parmeshwar Singh where Km. Kusum Devi (PW 7) aged about 15 years used to call him uncle. Kusum Devi was a school going girl on 22-9-1976. Her father lived in Harbans Mohal street in Kanpur City. It was on 22-9-76 at about 10. 30 A. M. that Kusum Devi along with her schoolmate Sunita alias Rita (PW 5) was proceeding to Balmandi School where she was a student of Vllth class. When both the girls reached Hoola Ganj culvert she was called by Sughar Singh who was standing there with a cycle. Kusum made over her books to Sunita (PW 5) telling her that she was returning soon. Sughar Singh informed her that her father was involved in an accident and her presence was needed by her mother immediately. She accompanied Sughar Singh on a cycle. It was after covering a distance of about 10 paces that Sughar Sjngh met co-accused Ram Khelawan who also sat on the carrier of the cycle of Sughar Singh and all the three proceeded towards Ganga Bridge. It was near the place locally known as Jhari Baba, that Sughar Singh stopped the cycle and purchased a small green pill which was given to Kusum Devi who ate it with water. Sughar Singh told her that the pill shall protect her from sun. Thereafter, Sughar Singh supplied ice-cream to her which she ate, thereafter both the accused :ook her to Sukhalal Ganj across the bridge at the house of Ram Khelawan. She was made to stand outside while Sughar Singh went inside the house of Ram Khelawan and procured an attachee case and Rs. 20/-. Thereafter, Sughar Singh along with Kusum in a rickshaw reached parachute factory and boarded a bus there. Sughar Singh informed Kusum Devi who felt sleep that her father had shifted to Allahabad and her mother had already gone there, both of them in the bus reached Ajwa and from there Sughar Singh took her to his sister in some village where he kept her for three nights and revished her. He persuaded her to marry him at pain of dire consequences. Thereafter Sughar Singh brought Kusum to Allahabad again and an application was submitted on behalf of Kusum Devi on 27-9-76 along with affidavit Ext. Ka-12 through Sri Anil Kumar Srivastava (D W 1) in the court of A. D. M. City Allahabad by which it was mentioned that she wanted to marry Sughar Singh as she was unhappy at the house of her parents. When this application came up for orders in the court of Sri R. N. Rajauriya (PW 13) City Magistrate, Allahabad, he found that the girl was minor and seemed to have been kidnapped by Sughar Singh and so he ordered vide Ext. Ka-13 Station Officer, Colonel Ganj, Allahabad to take appellant into custody and to enquire into the matter. The girl was lodged in a protection home for women, Allahabad.
(3.) MEANWHILE (PW 2) lodged FIR Ext. Ka-2 at about 6.15 p. m. on 23-9-76 at P. S. Harbans Mohal about the kidnapping of his daughter by Sughar Singh and Ram Khelawan on the basis of information received by him from Chunni Lal (PW 6). This FIR was recorded by Head Constable Raj Kishore Pathak (PW 4) who registered the case in general diary. The investigation of the case was conducted by Sri Kali Charan (PW 8) who interrogated witnesses and learnt that Kusum was in a protective home and learnt that Sughar Singh was in custody of police, Allahabad. Along with Parmeshwar Singh (PW 2) he reached Allahabad and brought Kusum to Kanpur and made her over to Parmeshwar Singh on 29-9-'76 Kusum Devi was examined by the lady Doctor Dr. Madhu Nigam (PW 9) on 30-9-'76 at about 5 P. M. Result is below :- "General condition is good height-53", weight 37 Kg. Teeth-13x14, Breast-well developed axillary and pubic hair present, no mark of recent injury on her body." On local examination "Hymen torn, old tear present, irregular, vegina admits two fingers easily, vaginal smear negative for sperm, no mark of recent injury on her private part." On these findings lady Doctor opined that Kusum was used to sexual intercourse and so there could not be a definite findings about rape. She advised her X-ray examination for supplementary report regarding her age.;