- (1.) This appeal has been preferred by Pappoo alias Ram Kumar against the judgment and order dated 15.04.1997 passed by the learned Additional Sessions Judge, Court No.13, Lucknow in ST No.221 of 1995, State versus Pappoo alias Ram Kumar and another, in Case Crime No.35 of 1992, under Sections 363, 366 and 376 IPC, Police Station - Gosaiganj, District Lucknow, whereby he found the the appellant guilty under Section 376 IPC and sentenced him to 7 years RI along with fine of Rs.3,000/- and directed the appellant to undergo additional imprisonment for six months in default of payment of fine. The appellant has been acquitted for the charges under Sections 363 and 366 IPC. The co-accused Guddu @ Sangam has been acquitted for the charges under Sections 363, 366 and 376 IPC.
(2.) As per the prosecution, the FIR was lodged by the complainant Sant Ram, the father of the victim alleging that the daughter of the complainant Saroj Kumari aged about 14 years was enticed and taken away by the appellant, Pappoo alias Ram Kumar of his village and Guddu @ Sangam Lal son of Ramsumiran on 29.01.1992 at about 10.00 PM. The complainant failed to trace his daughter despite all efforts, thus he lodged a written report on 01.02.1992 in police station concerned and Case Crime No.35 of 1992, under Sections 363, 366 and 376 IPC was registered in Police Station - Gosaiganj, Lucknow. It was also stated in the FIR that the daughter of the complainant has taken silver ornaments of about ¼ Kg with her. The investigation was conducted by the investigating officer. The statements of witnesses were recorded. The spot inspection was made and the site plan was prepared. The victim was recovered after 12 days and was given in the custody of the complainant. The victim was got medically examined and after completing the investigation the charge sheet was ultimately submitted in the Court under Sections 363, 366 and 376 IPC.
(3.) The charge was framed against the accused under Sections 363, 366 and 376 IPC. The accused denied the charges and claimed to be tried. The prosecution in order to prove its case examined Sant Ram PW-1, Saroj Kumari PW-2. the victim, Sub-Inspector Amar Singh Gautam PW-3, the Investigating Officer, Dr. J.P. Gupta PW-4 and Dr. Manorama Bahuguna PW-5. The complainant Sant Ram PW-1 stated on oath that her daughter has gone out of house on the date of the incident i.e. 29.01.1992 at about 10.00 PM to give fodder (chara) to the cattle. When she did not come back, he made efforts to search her everywhere and with her relations but failed and thereafter the report was lodged on police station concerned. After 10 to 12 days of the incident when he was standing on the check post of village Gosainganj along with Sub-Inspector and two constables he saw his daughter coming from the northern side. The first information report was proved by the witnesses which is Ex. K-1 on record.;