BHOLA NATH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellants u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC), is directed against the judgment and order dated 15.5.1998 passed by the 1st Additional Sessions Judge, Haridwar in Sessions Trial No. 404 of 1996, State of U.P. v. Bhola Nath & Anr., whereby learned Additional Sessions Judge has convicted the accused appellants Bhola Nath and Meera under Section 363, 368, 372/511 of Indian Penal Code, 1860 (for short, IPC) and sentenced each of them to undergo R.I. for two and half years along with a fine of Rs. 1000/- each under Section 372/511 IPC and in default, to undergo three months' additional R.I. and in that situation, both the sentences shall run separately. Each of the appellants accused have been also sentenced to undergo R.I. for two years along with fine of Rs. 500/- each under Section 363 & 368 IPC and in default, to undergo two months' additional R.I. and in that situation, both the sentences shall run separately. It was further directed that in case the fine is deposited, all the sentences under all the aforesaid sections shall run concurrently, otherwise only those sentences awarded except in default of payment of fine shall run concurrently.

(2.) In brief, the prosecution case is that on 29.6.1996, when SSI Rajpal Sharma along with SI Sayyed Munnavar Hussain, Constable Surajveer Singh, Constable Vishal Mani and Lady Constable Rajeshwari Devi were on law and order duty and when they reached near Chandrabhaga bridge, they received an information through mukhbir that in mohalla Mayakund one man and one lady were dealing in the trade of buy and sell of the minor children. On this information, the police party along with public witnesses Ram Chandra Saini, Mahesh Saini, Rangeet Paswan reached at the place of occurrence where the crowd had assembled. The appellants accused along with two minor girls and one minor boy were present there. After seeing the police party, the minor children started weeping. Meanwhile, the appellants accused tried to run away from the place of occurrence. After using the necessary force, they were caught hold by the police party at 5.40 pm. They disclosed their names as Bhola Nath @ Rajendra and Meera i.e. the appellants accused. The two minor girls disclosed their names as Km. Sonia, aged about 14 years and Km. Aneeta, aged about 11 years. The minor boy disclosed his name as Vicky @ Vikram Singh, aged about 13 years. All the minor children told the police party that the appellants accused had taken them for the purpose of sale. The appellants accused and the minor children were brought to the police station. The recovery memo Ex. Ka-3 was prepared on the spot. On the basis of recovery memo, the chick FIR Ex. Ka-1 was prepared on the same day i.e. on 29.6.1996 at 7.15 pm by Constable Clerk Sripal Singh. Necessary entries were made by him in the GD. Copy of GD is Ex. Ka-2.

(3.) Investigation of this case was entrusted to SI Chaman Singh and thereafter it was transferred to SI Raghunath Singh Verma (PW8) on 2.7.1996 during the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka-4. The I.O. also inspected the place from where the minor children were taken away by the appellants accused and prepared the site plan Ex. Ka-5 of the place from where Vicky @ Vikram Singh was taken away and Ex. Ka-6 from where the two minor girls Km. Sonia and Km. Aneeta were taken away. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation filed the charge sheet Ex. Ka-7 under Section 363, 368 IPC against the appellants accused.