- (1.) This appeal has been preferred against the judgment and Order dated 28-4-79, passed by Sri V. K. Jain, the then IVth Additional Sessions Judge, Jhansi, in ST. No. 308/77, whereby the appellant has been convicted under S. 366, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years.
(2.) The prosecution case, in brief, is that the informant, the father of Km. Munni, had gone to Jhansi on 19-5-73 to collect rent, when in the absence of his wife and other family members, appellant Baldeo came at his house at about 4 or 5 p.m., persuaded Km. Munni, aged about 13 or 14 years, and abducted her. At that time Km. Munni was wearing clothes, payels, nose-needle and Jhala. While leaving the house with a lota in hand on the pretext of going to answer the call of nature, she also took away Rs. 1,000.00 from the box of the complainant. She was seen going in the way from the village in the company of the appellant by Deo Shanker Yadav, Harpal Yadav, Kappor and Chunnu.
(3.) An F.I.R. was lodged by Narayan Das, the father of Km. Munni, at Police Station Kotwali, Jhansi, at 9.25 a.m. on 20-5-73. The investigation of the case was entrusted to Bankey Bihari Lal Jaiswal, Sub-Inspector of Police Station Kotwali, Jhansi. He arrested the appellant and at his pointing out, Km. Munni was recovered from a Railway Quarter, being. No. RB 1/772-B, at Jhansi. Km. Munni was sent for medical examination who was medically examined by Dr. M. Phileen on 21-5-73 at 5.15 p.m.;