SALEEM AKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. The appellant has preferred this appeal against the j udgment and order dated 15-1-1981 passed by Sri S. C. M Tripathi, VI Additional Sessions Judge, Azamgarh, in S. T No. 99 of 1978 convicting him under Sections 364 and 386,1. P. C. and sentencing him to undergo 5-1/2 years' R. I. and 3-1/2 years' R. I. How ever, both the sentences were ordered to run concurrently.

(2.) BRIEF facts of the case are that P. W. 4 Hira Lai was sleeping on the night inter vening 8/9th June, 1977, outside his house on a cot with P. W. 2. Sometime during the night while they were fast asleep Manju was lifted by some one. When P. W. 4 Hira Lai woke up in the morning at about 5. 00 or 6. 00 a. m. he noticed absence of Km. Manju on his cot. Enquiries from the fami ly members did not yield any result. A report was prepared by P. W. 3 Satya Narain son of P. W. 4 Hira Lai about the kidnapping of his sister, P. W. 2 Manju. It was taken to the police station Madhuban, district Azamgarh, and was lodged there. The writ ten report is Ext. Ka-1 on record. On the basis of this written report an F. I. R. was registered at 7. 05 a. m. on 9-8-1977. The prosecution has come up with yet another fact that a letter was also found lying on the cot in the morning which was in the hand writing of the appellant, but these facts do not find any mention in the F. I. R. nor this letter was handed over to the police at the time of lodging of the F. I. R.

(3.) THE learned Additional Sessions Judge, on an appreciation of evidences, came to the conclusion that the offence under Sections 386 and 364,1. PC. both are proved against the appellant. Consequent ly he convicted and sentenced him, as detailed above.