DINESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a jail appeal sent by the appellant, namely, Dinesh, S/o Baijnath against the judgment and order dated 14th July, 2009 passed by learned Additional District and Sessions Judge, Lucknow in Sessions Trial No.587/08 whereby the appellant has been convicted for the offence under Sections 364 and 368 Indian Penal Code ('I.P.C.') and sentenced to undergo rigorous imprisonment for six years and to pay fine of Rs.5,000/-, in default of payment of fine to further undergo imprisonment for five months.

(2.) The facts of the case as unfolded by prosecution during trial are that complainant (who is father of the child) lodged a complaint that his son, namely, Akhilesh aged three years, resident of Munshipulia, D-Block, Indira Nagar, P.S. Ghazipur, Lucknow went missing from Munishipuliya Chauraha on 16.03.2008 at 08:45 P.M; he requested in his complaint that his son be traced and handed over to him. On the basis of said complaint, F.I.R. No.182 of 2008 bearing Case Crime No.421 of 2008 was registered at P.S. Ghazipur, District-Lucknow. On 22.03.2008, at about 05:00P.M., the child was recovered by police from the custody of the accused-appellant from Daliganj Railway Station; seizure memo was prepared and the accused-appellant was arrested for the offence under Section 364/368 I.P.C. On completion of investigation, chargesheet for the offences under Sections 364 and 368 I.P.C. was filed. After complying with the provisions of Section 207 Cr.P.C., the case was committed to learned Sessions Judge, Lucknow.

(3.) After hearing arguments on charge and considering record of the case, learned trial court found sufficient ground to proceed against the appellant-Dinesh for the offence punishable under Sections 364 and 368 I.P.C. and accordingly, charges were framed on 02.06.2008. The appellant abjured his guilt and claimed trial.