JUDGMENT :

1. Heard Sri Mukesh Joshi, learned counsel for the Appellant; learned A.G.A. for the State and perused the record.

2. The present appeal is preferred against the judgment and order dated 12th September, 1984 passed by VIII Additional Sessions Judge, Etah in S.T. No.662 of 1983 (State Vs. Kailash Chandra), whereby the Appellant has been convicted and sentenced under Section 411 I.P.C. for three years rigorous imprisonment.

3. The prosecution case as per the first information report is to the effect that one Jagan Lal has lodged a first information report on 28th February, 1983 at 8.15 am with the allegation that Aunt (Chachi) of the informant namely Yasoda was living alone in her house and in the intervening night of 27th/28th February, 1983 when she was sleeping alone in her house and did not come out for long time, then the wife of the informant, namely Uma knocked the door of the Yasoda. However, no response was given from inside the house and the house was found locked from inside. Thereafter, wife of the Informant-Uma informed about the aforesaid fact to the Informant. Informant and his brother Janki and Ram Ratan came and called Yasoda from outside. However, there w