MUNESHWAR ALIAS ARVIND Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in this appeal by the appellant Muneshwar @ Arvind is to the judgement of his convictions under Section 376 and 506 part II IPC and imposed sentences of Ten years R.I. with fine of Rs. Two Thousand and in default of payment of fine to under go six months additional imprisonment on the first count and seven years R.I. on the second count, recorded by Additional Session's Judge, FTC court No. 2, Kannauj in S.T. No 418 of 2000, State v. Muneshwar @ Arvind and others relating to PS Sorikh, District Kannauj.

(2.) Briefly stated prosecution allegations against the appellant are that Rajbir, Muneshwar @ Arvind(appellant) and Baby Rani are the distant relatives of the informant Rajendra Kumar Trivedi (PW3) and they often used to visit his house. In absence of the informant they kidnapped informant's daughter Anita aged about fifteen years on 6.4.2000 at 4.00a.m. After his return 3-4 days subsequent to the incident informant started frantic search of his daughter during which he was informed by Vijendra Kumar and Ram Swarup that aforesaid accused persons had kidnapped his daughter. Informant therefore went to village Kudaisa, PS Aliganj, District Etah in search of his daughter but she could not be traced out. On asking about his daughter's whereabouts accused intimidated and threatened informant and pushed him away. Hence,left with no option, PW3 informant scribed FIR, Ext. Ka2, on 16.5.2000 against the accused persons and lodged it same day at PS Sorikh as crime no. 77 of 2000 under Sections 363, 366, 504 and 506 IPC vide Ext. Ka4 at about 10 a.m. GD entry of registration of FIR is Ext. Ka 5.

(3.) Investigation was commenced by PW6 Sub-Inspector K.P. Rahi, who visited the spot prepared site plan Ka-3, recovered the victim P.W.1 and got her medically examined vide Exhibit -6. Concluding investigation I.O. found prima facie case being made out only against the appellant and therefore charge sheeted him on 8.12.2000. Against rest of the two accused I.O. did not find sufficient evidence therefore he did not charge sheet them.