P.N.Goel - (1.) SRI Krishna alias Jhalla appellant, aged about 25 years, resident of village Asanpur, police station Rajepur, district Farrukhabad has been convicted and sentenced under Section 366 IPC to undergo RI for three years.
(2.) SIMPLE case of the prosecution against the appellant was that on 8-6-1973 at about 5 P. M. he forcibly took away Km. Pushpa Devi (P. W. 2) from the grove of one Ved Ram in village Asanpur where she was picking up mangoes. At the time of occurrence Kim. Pushpa Devi was aged about 13 years. Defence of the appellant was that he has been falsely implicated in the case. Report of the occurrence was lodged by Smt. Ram Sukhi (P. W. 1), mother of Km. Pushpa Devi at 6. 45 P. M. The police station is one mile from the village of occurrence.
(3.) ACCORDING to the prosecution, Km. Pushpa Devi was recovered by the police on 10-6-1973 from the house of Ram Nath (P. W. 4) in village Makhan Nagla within police station Rajepur, district Farrukhabad. On the question of forcible taking away, the prosecution examined Smt. Ram Sukhi, Km. Pushpa Devi and Km. Rajwati (P. Ws. 1 to 3). Km. Rajawati stated that the appellant dragged Km. Pushpa Devi for a little distance and then left her and that thereafter Km. Pushpa Devi went to her house with her mother Smt. Ram Sukhi. In this way she gave a death blow to the story of the prosecution that Km. Pushpa Devi was recovered on the next day from the house of Ram Nath in Makhan Nagla. Therefore, the prosecution declared her hostile and cross-examined her. In this way there remained the testimony of Smt. Ram Sukhi and Km. Pushpa Devi only.;