KANHAIYA LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) The present jail appeal has been preferred by the appellant from jail against the impugned judgment and order dated 31.3.2018 passed by Additional Sessions Judge, Court No.9/POCSO Court, Varanasi in Sessions Trial No.65 of 2014 (State of U.P. Vs. Kanhaiya Lal) arising out of Case Crime No.161 of 2014, under Sections 363, 366-A, 376 and 120-B I.P.C. and Section 5/6 POCSO Act, P.S. Cholapur, District Varanasi, whereby the accused-appellant Kanhaiya Lal has been convicted under Sections 363, 366-A and 376 I.P.C. and Section 5/6 POCSO Act and sentenced with rigorous imprisonment for a period of 3 years and fine of Rs.3,000/- under Section 363 I.P.C. and in case of default in payment of fine with imprisonment for additional period of one month, sentenced with rigorous imprisonment for a period of 5 years and fine of Rs.5,000/- under Section 366-A I.P.C. and in case of default in payment of fine with imprisonment for additional period of two months, sentenced with rigorous imprisonment for a period of 12 years and fine of Rs.20,000/- under Sections 376 I.P.C. and Section 6 of POCSO Act and in case of default in payment of fine with imprisonment for additional period of six months and all the sentences have been directed to run concurrently.

(2.) The brief facts of the case are that the complainant Munni Devi (P.W.-2) had filed a complaint to Senior Superintendent of Police, Varanasi (Exhibit Ka-2) with the allegations that her daughter aged about 13 years went to the school on 3.5.2014 along with her friends but did not return back and on enquiry became aware of the fact that appellant-accused enticed her daughter along with other co-accused persons. She went to the Police Station and moved complaint on 7.5.2014 but F.I.R. was not registered by the police. On the complaint (Exhibit Ka-2) of complainant Munni Devi the S.S.P., Varanasi directed S.H.O., Cholapur on 20.5.2014 to register the case. F.I.R. was registered (Exhibit Ka-12) and an entry was made in the general diary (Exhibit Ka-13). The Investigating Officer during investigation recorded statement of victim under Section 161 Cr.P.C. and statements of other witnesses. The statement of victim was also recorded under Section 164 Cr.P.C. and Investigating Officer had submitted the charge-sheet (Exhibit Ka-10) on 31.7.2014.

(3.) The file of present appellant was separated with other co-accused vide order dated 14.8.2014. The charges against appellant were framed on 15.9.2014 under Sections 363, 366-A, 376 I.P.C. and Section 5/6 POCSO Act. The appellant-accused has denied the charges and claimed to be tried.