GABBUABHISHEK Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal under Sec. 374 (2) Cr.P.C. has been filed by the appellant- Gabbu @ Abhishek against the judgement and order dtd. 4/3/2021 passed by the Additional District and Sessions Judge / F.T.C. 2, Kushinagar at Padrauna in Sessions Trial No. 80 of 2013 (State of U.P. vs. Gabbu @ Abhishek) convicting and sentencing the appellant under Sec. 363 I.P.C. to 03 years rigorous imprisonment and fine of Rs.5000.00and in default of payment of fine to further undergo 01 month additional imprisonment, under Sec. 366 I.P.C. to 05 years rigorous imprisonment and fine of Rs.10,000.00 and in default of payment of fine to further undergo 02 months additional imprisonment and under Sec. 376 I.P.C. to 07 years rigorous imprisonment and fine of Rs.25,000.00 and in default of payment of fine to further undergo 03 months additional imprisonment. The trial court has ordered the benefit of set-off under Sec. 428 Cr.P.C. to be given to the accused. Further the sentences have been ordered to run concurrently. It has further been ordered that out of the fine as recovered Rs.30,000.00 shall be paid as compensation to the victim under Sec. 357 Cr.P.C.

(2.) The name of the prosecutrix is not being disclosed and mentioned in the present judgement in the light of directions of the Apex Court in various judgements and as per Sec. 228-A of the Indian Penal Code. She is, thus, referred to as 'X' in the judgement.

(3.) The prosecution case as per an application dtd. 3/9/2010 given by Rohit Prasad Shah to the S.H.O. Kasiya, District Kushi Nagar is that he is a resident of village Baihsahi, Police Station Kasia, District Kushi Nagar and does the work of stitching in Mumbai. His wife along with two children live in the house. His daughter victim 'X' is aged about 16 years who has been lured and enticed away by Gabbu on 13/8/2010 at 8-9 am to Delhi. His wife informed him and then he came to give a report. He searched her a lot but she could not be traced. A report be lodged and action be taken. The said application is Exb: Ka-1 to the records.