VIMLESH Vs. STATE OF U. P.

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), has been preferred by the appellant-Vimlesh (hereinafter referred to as 'appellant') against the judgment and order dated 28.1.2016, passed by Additional Sessions Judge, Court No. 10/Special judge Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), Unnao, in Special Sessions Trial No. 15/2015 (State vs. Vimlesh), arising out of Case Crime No. 1043/2014, P.S. Makhi, District Unnao, whereby the appellant has been convicted and sentenced for offence under Section 376 (2) I.P.C., for 10 years rigorous imprisonment with a fine of Rs. 10,000/- and for offence U/s 366 I.P.C., for 5 years rigorous imprisonment with a fine of Rs. 5,000/- with further direction that all the sentences shall run concurrently.

(2.) The prosecution case, in brief, is that Dharam Pal (P.W.-2), father of victim (P.W.-3), lodged the first information report (Ext.-Ka-2) (in short F.I.R.) on 15.12.2014, at about 15:30 p.m. at P.S. Makhi, District Unnao, alleging that P.W.-3 aged about 14 years, had left her house on 07.12.2014 to go to her maternal uncle (mama)'s house situated in Village Kokarikhurd, but it was found that she did not reach there. It was also found that the appellant, who is distant relative, as mama (maternal uncle) of the victim, r/o Mustafabad h/o Pakhraura, had enticed the victim away with the help of appellant's elder brother-Kamlesh, his father-Gauri Shankar and his mother-Nanhi. It is further alleged that the victim had also taken away Rs. 35,000/- in cash, a silver anklet of 200 grams and 2 mobile phones bearing no. 7309354605 and 7052809921 with her.

(3.) On the said information, a criminal case was registered against the appellant-Vimlesh, Kamlesh along with co-accused-Gauri Shankar and Smt. Nanhi and the investigation was handed over to S.I., Suresh Chandra (P.W.-8), who, during investigation, recorded the statement of Dharam Pal (P.W.-2), visited the place of occurrence, prepared site plan (Ext.-Ka-11), arrested the appellant along with victim (P.W.-3), prepared a recovery memo (Ext.-Ka-3) and sent the P.W.-3 for medico legal examination.