- (1.) HEARD learned counsel for the appellant, learned Additional Government Advocate and perused the record. This criminal appeal has been preferred against the judgment and order dated 31.03.1997, passed by the then learned Additional Sessions Judge, Lucknow, by which the appellant has been convicted for the offence punishable under Sections 363, 366 and 376 I.P.C.
(2.) AS per prosecution case, the sister of the complainant was enticed away by the appellant on 05.09.1991, at about 5.00 p.m. The victim had also taken away with him the Silver ornaments weighing about 1.5 Kg. The witness Rekhi Mistri had seen the incident while appellant was taken away his sister. The report of the matter was lodged on 06.09.1991. The complainant and the witness along with the police personnel had searched out his sister and on 11.09.1991, at about 9.00 a.m. the appellant was found along with the victim. The appellant had run away from the spot but they had arrested the victim. The victim was medically examined and the appellant was arrested on 14.10.1991. After investigation, the charge -sheet was filed and the appellant was charged for the offence punishable under Sections 363, 366 and 376 I.P.C. The appellant denied the charges and claimed trial.
(3.) THE prosecution has examined the victim as PW -1, who has stated that at about five years ago in the evening, when she was going towards garden of Guava then she met with the accused, who had said that bring the ornaments from the house and they will go to Lucknow for enjoying the Movie. She had taken away the ornaments of her sister -in -law and had given to the appellant. The appellant had taken away her to the place of Chandrika, his brother -in -law, and kept her in the night. The appellant -Puttu had also committed intercourse forcefully and she could not make complaint because the accused has threatened her for dire consequences. She has further stated that on the next day when the accused was accompanied his brother -in -law and was bringing her to Lucknow then she was kept somewhere in the night and on the next day when the accused sent her brother -in -law to take up Guava then also she was committed rape behind the bushes. When the accused was taking her to Intaunja then his brother met him. She has further stated that she was medically examined. Munni Lal PW -2 is the complainant, who has stated that his sister is about thirteen years of age, who was enticed away by the appellant -Puttu and his sister has also taken away the ornaments of her sister -in -law. Upon search, his sister was seen with the accused and she was given in his Supurdagi. He has proved the First Information Report as Ext. Ka -1.;