SANJEEV ALIAS SANJU Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Sanjeev @ Sanju, through instant jail appeal has questioned the legality and sustainability of his conviction Under Sections 366, and 376 IPC and awarded sentences of 5 years R.I. with fine of Rs. 5,000/- on the first count and 7 years R.I. with fine of Rs. 5,000/- on the second count with further direction that in default of payment of fine on each of the counts Appellant shall under go three months further simple imprisonment for each of them implanted by Additional District and Sessions Judge Chandausi, Moradabad in Session Trial No. 312 of 2008, States/. Sanjeev@ Sanju, vide impugned judgment and order dated 9.3.2009.

(2.) Appellant's appeal was admitted on 10.4.2009 and was directed to be listed for final hearing. Today the appeal is listed and in joint agreement with Sri Mohit Singh learned Counsel for the Appellant, who meanwhile had filed power on behalf of the Appellant and Sri K.N. Bajpai learned A.G.A., the appeal was heard finally and is being disposed off by this order.

(3.) The gravamen of the charge levelled against the Appellant as is perceptible from written FIR Ext. Ka-1 .dated 16.1.2007 and chik FIR Ext. Ka 10, dated 19.10.2007, and later on testified before the trial Court by fact witnesses are that the Appellant on 2.10.2007 at 4:00 pm abducted PW-4 Km. Priyanka Sharma daughter of informant PW1 Smt. Pushpa Sharma, when she had gone for stitching tuition to Rajasthan Training Centre, Bara Mahadeo, Chandausi, for the purposes of forcing her to solemnize marriage and to submit to sexual intercourse against her wishes. From training centre she had gone to the house of her Mausa(Matemal uncle) Sri Ram Sharma, in Bara Mahadeo as his daughter Parul @ Priyanka was her friend. Accompanied with Parul@Priyanka she had gone to madam Shalini Sharma of NTT to fetch her NTT certificate but Madam had refused to hand it over to her and consequently both of them returned to the house of her Mausa Sri Ram Sharma where she was offered a cold drink. After that Parul brought her towards Sita Ashram in a rickshaw where PW4 started developing giddiness and unconsciousness. There a van with black window panes was standing in which Appellant, Arvind, Vivek and Rekha were sitting. Parul alighted PW4 from rikshaw and pushed her in the van and then Priyanka PW4 was driven to Shahjahanpur where she was stayed at Vivek's house and from there she was shifted to Rekha's house. From Shahjahanpur she was travelled to Sitapur and then to Delhi. Appellant is allegated to have raped the victim and then slapped and assault her. She was also taken to some lawyer, where she was made to sign on some blank papers. Ornaments of PW4 consisting cf ring, chain, and ear tops were sold by the Appellant, who solemnised marriage with PW4 at gun point in a temple. From Delhi PW4 was brought to Chandausi by the Appellant, where they were apprehended by the police on 7.12.2007 from road ways bus stand and that day itself police interrogated her. PW4 was got medically examined at Moradabad where she was detained at Women police station. On 10.12.2007 her medical and x-ray examinations were done and then again she was lodged at Women Police Station. Police also moved an application, Ext. Ka 9, for recording of her statement and resultantly her 164 Code of Criminal Procedure statement, Ext. Ka 3, was recorded by a Magistrate on 13.12.2007. Thereafter PW4 was brought back to Chandausi by the police, where she was handed over to her parents on 14.12.2007 as she had moved an application, Ext. Ka 4, expressing her desire for the same. During her stay with Appellant PW4 had become pregnant as well and after her alleged recovery she, on her own volition, got her two months old foetus aborted.