AMAR PAL MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for appellant and Sri Shiv Nath Tilhari, learned A.G.A. for State respondents.

(2.) This appeal under Section 374 (ii) Cr.P.C . has been filed against the judgment and order dated 13.03.2018 passed by Special Judge, POCSO Act/ Additional Sessions Judge, Court No.7, Sitapur in Sessions Trial No.19 of 2014 arising out of Case Crime No. 06 of 2014, under Sections 376 , 506 I.P.C. and Section 4 of Protection of Children from Sexual Offences Act, 2012 Police Station Sandana, District Sitapur whereby the appellant has been convicted and sentenced under Section 376 I.P.C. for ten years rigorous imprisonment and a fine of Rs.5,000/- failing to deposit fine, additional one year simple imprisonment, under Section 506 I.P.C. for six months rigorous imprisonment and a fine of Rs.500/- failing to deposit fine one month additional simple imprisonment and under Section 4 of Protection of Children from Sexual Offences Act for ten years rigorous imprisonment and a fine of Rs.5,000/- failing to deposit fine one year additional simple imprisonment. All the sentences were to run concurrently.

(3.) Prosecution story in short is that on 15.01.2014 at around 8:00 p.m. daughter of the informant Kumari Sandhya aged about 12 years has been taken away by the accused appellant, Amar Pal Mishra @ Misir from her house to his home. The daughter of the informant was kept in the kachi kathari situated in the house of accused appellant. When the daughter of the informant got herself free somehow from the custody of the accused appellant she narrated the whole incident and she further told that the appellant has threatened her to kill if she tells this to anybody.