SANJAY Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal, under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), has been preferred by the appellant-Sanjay (hereinafter referred to as 'appellant), against the judgment and order dated 29.03.2016, passed by Additional Sessions Judge/Fast Track Court, Hardoi, in Sessions Trial No.557/2011, arising out of Case Crime No.110/2009 under Sections-363, 366, 376 I.P.C., Police Station-Lonar, District-Hardoi., whereby the appellant has been convicted and sentenced for offence under Section 363 I.P.C. four years rigorous imprisonment and fine of Rs.2000/-, for offence under Section 366 I.P.C. for six years rigorous imprisonment and fine of Rs.3000/- and for offence 376 I.P.C. for eight years rigorous imprisonment and fine of Rs.8000/-. It has been further directed that the appellant has to undergo one month simple imprisonment in default of payment of fine for offence under Section 363 I.P.C., two months simple imprisonment in default of payment of fine for offence under Section 366 I.P.C. and six months simple imprisonment in default of payment of fine for offence under Section 376 I.P.C. with the further direction that the period of detention already undergone in jail by him shall be set off in aforesaid sentences and all the sentences shall run concurrently.

(2.) The prosecution story, in brief, is that on 17.02.2009 at about 7:00 p.m., the victim (P.W.-3), aged about 14 years daughter of Munnu Lal (P.W.-5), had gone from her house to ease herself towards the field, outskirt of her village. She did not return to her house untill night. Munnu Lal (P.W.-5) tried to search her throughout whole night and came to know that some relatives of his neighbour-Ram Chandra were present in his house to attend the Mundan ceremony of son of Kallu where one Anil and the appellant were also present. Sensing some conspiracy that the victim might be kidnapped by Anil son of Sukh Sagar, resident of Gheda, Police Station-Sahabad, District-Hardoi and the appellant in connivance with Ram Chandra, Karunesh and Kallu, who were his co-villagers, Munnu Lal (P.W.-5) lodged First Information Report (Ext.-Ka-4) at Police Station-Lonar, District-Hardoi at about 20:45 p.m. on 19.02.2009 against Ram Chandra, Karunesh, Kallu and the appellant with the allegation that they might had kidnapped the victim. The aforesaid information was entered in General Diary (Ext.-Ka-11) and on the basis whereof chik report (Ext.-Ka-10) was prepared by S.I. Virendra Kumar Pandey (P.W.-8) and Case Crime No.110/2009 under Sections-363, 366 & 376 I.P.C. was registered against the aforesaid persons including the appellant.

(3.) Investigation of the case was entrusted to S.I. Rakesh Kumar Pandey (P.W.-6), who visited the place of occurrence and after its inspection, prepared site plan (Ext.-Ka-5) and recorded the statement of the witnesses. During investigation, he recovered the victim on 31.03.2009 and prepared the recovery memo (Ext.-Ka-6). The statement of the victim was also recorded by this witness, who stating her age as 14-15 years old, stated that the appellant had kidnapped and raped her. On the basis of her statement, offence under Section 376 I.P.C. was added during investigation. The victim was sent for medical examination to District Hospital, Hardoi where she was examined by Dr. Rekha Gaur (P.W.-4) on 01.04.2009 with consent of Munnu Lal (P.W.-5).