DEVANAND PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Avinash Srivastava, learned counsel appearing for the appellant and Mr. Balram Singh, learned Additional Government Advocate appearing for the State.

(2.) Appellant through this criminal appeal has challenged the judgment and order dtd. 28/11/2001 passed by 11th Additional Sessions Judge, Faizabad in Sessions Trial No.90/93 whereby the appellant has been convicted for offence punishable under Sec. 376 IPC and has been sentenced for rigorous imprisonment of 10 years with fine of Rs.5,000.00 with rider that in the event of failure to deposit the amount of fine, he will undergo six months' rigorous imprisonment.

(3.) Complainant (brother of the victim) lodged an FIR in Police Station Tarun, District Faizabad which was registered as Case Crime No.218 of 1992 under Sec. 363/366 IPC. The complainant in the aforesaid FIR has stated that accused appellant son of Suryabhan Pandey and Rohit Kumar Pandey son of Ram Bahor Pandey, residents of Village Vidyapur Gayaspur, P.S. Tarun, District Faizabad had enticed his sister and thereby took her away. The complainant in the FIR has further stated that his sister is aged about 14 years and is a minor. In the FIR, it has further been stated that his sister had also taken away cash and jewellery with her. The complainant in the FIR has said that he tried to search out his sister but she is untraceable, therefore the First Information Report be lodged and the police may search out his sister.