MUKESH WALMIKI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Singh Rathore, learned Counsel for the appellants and Smt. Seema Shukla, learned AGA for the State.

(2.) This criminal appeal has been preferred by appellants, Mukesh Walmiki, s/o Sri Manohar Lal and Manohar Lal, s/o Har Charan Lal Singh, against the judgment and order dated 25.4.2009 passed by Additional Sessions Judge (Fast Track Court), Court No.4, District Bareilly, in Sessions Trial No. 714 of 2007 (State Vs. Mukesh and others), under Sections 366, 376 IPC convicting and sentencing the appellants under Section 376 IPC to 10 years rigorous imprisonment and fine of Rs.5000/- each and under Section 366 IPC to 7 years rigorous imprisonment and fine of Rs.3000/- each and on failure to deposit the fine, to undergo four months additional imprisonment.

(3.) The prosecution case is that informant, Beena Yadav, w/o Om Prakash Yadav, made an application before the police station that her daughter, Chandani @ Jyoti, had gone to Kutchery on 14.7.2005 and she was kidnapped by Mukesh s/o Manohar Lal and his companions. Later she came to know that Mukesh has forcibly abducted her daughter for the purpose of marriage. She gave an application before the Police Station Baradari, Bareilly, on 21.7.2005, but her report was not lodged and her daughter was not recovered. Later informant came to know that on 14.7.2005, when her daughter was going to Shulabh Shauchalay she was abducted on the point of knife by Mukesh Walmiki and for last two months, she is in his captivity. Mukesh Walmiki, s/o Manohar Lal, Manohar Lal, s/o Har Charan Walmiki, his wife, Bimlesh and daughter, Sandhya, with help of Tantrik Methods, rape and blackmail girls by snapping their nude pictures and compel them to live in their caste. The daughter of the victim is in captivity of accuseds and should be recovered. On the direction of Deputy Inspector General of Police, Bareilly, FIR was registered on 27.8.2005 against accuseds, Mukesh Walmiki, Manohar Lal, Bimlesh and Sandhya, under Sections 363, 366 IPC and victim was recovered on 31.1.2006. On the basis of her statement and medical report, the case was converted for offences under Sections 363, 366, 376 IPC and charge-sheet was, accordingly, submitted.