CHHANGU LAL @ CHHANGUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. Abida Sayed, learned amicus curiae for the appellant and Sri Daya Shanker Mishra, learned counsel for the first informant and Sri I.P.S. Rajpoot, learned AGA for the State.

(2.) This criminal appeal under Section 374(2) Cr.P.C. has emanated against the judgment and order dated 21.11.2006 passed by the Additional Sessions Judge/FTC No.20, Allahabad, in Session Trial No.83 of 2002, State Vs. Chhangu @ Chhangur, relating to Crime No.203 of 2001, Police Station Colonelganj, District Allahabad by which the accused-appellant Chhangu @ Chhangur son of Panna Lal, R/o 343/C/33, Harijan Colony Mumfordganj, Police Station Colonelganj, District Allahabad, has been convicted under Sections 363, 366, 376 I.P.C. and sentenced to undergo five years rigorous imprisonment with fine of Rs.5,000/- under Section 363 I.P.C., in default of payment of fine, three months additional imprisonment, five years rigorous imprisonment with fine of Rs.5,000/- under Section 366 I.P.C., in default of payment of fine, three months additional imprisonment and seven years rigorous imprisonment with fine of Rs.10,000/- under Section 376 I.P.C., in default of payment of fine, six months additional imprisonment. All the sentences have been ordered to run concurrently.

(3.) The prosecution has divulged its entire prosecution story through the written report Ext. Ka-1 lodged by Smt. Chitra Dwivedi PW-1 and through depositions of Smt. Chitra Dwivedi PW-1, Prem Narain Dwivedi PW-2, Kamna Dwivedi @ Putul victim girl PW-3. The facts as emerged from the first information report and evidence of the victim girl PW-3 are that the victim girl knew the accused-appellant Chhangu @ Chhangur since childhood because they were neighbours. On 19.6.2001 around 5:00 p.m., the accused-appellant Chhangu @ Chhangur came to the house of the victim girl through the staircase and knocked the door of her flat when she was alone at her flat. Smt. Chitra Dwivedi PW-1, mother of the victim girl had already gone to the market and Prem Narain Dwivedi PW-2 father of the vcitim girl had gone to his office at the relevant time. The accused-appellant Chhangu @ Chhangur told the victim girl that her mother had met with an accident and was admitted to the hospital then she opened the door of her house and came down through staircase with the accused-appellant Chhangu @ Chhangur after locking her flat. The accused-appellant had taken her in a rickshaw to Nayapurwa and then to Railway Station Allahabad by tempo. Thereafter, the accused-appellant took her to Hanumanganj. When the victim girl asked where they were going, the accused-appellant told that he was taking her to the hospital. The accused-appellant had kept her for one night at Hanumanganj and they stayed in a big family there. She protested against the persons present there about the conduct of the accused-appellant and at Hanumanganj, the accused-appellant had forcibly sexual intercourse with her against her will. From there, he took her to Banaras where they stayed for two to three days and then to Pratapgarh where they stayed for about more than one month and the accused-appellant tried to marry her there. At Pratapganj, the accused-appellant allegedly obtained her signature by threatening to kill her at some blank papers and the accused-appellant married her at the house of the some advocate at Chakia according to the Buddhism religion and the said marriage was solemnized against her consent. According to the victim girl, she did not love the accused-appellant and he sexually intercoursed her against her consent and will by threatening to kill her parents. The accused-appellant after the alleged abduction of the victim girl by deceitful means married with her. After performing marriage, he defrauded and left her company leaving her at the Police Station.