RAJU Vs. STATE OF U. P.

JUDGEMENT

(1.) The present Criminal Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 has been filed by the appellant, Raju @ Hanuman, against the judgment and order dtd. 9/9/2005 passed by learned Additional Sessions Judge, F.T.C. No.-II, Lucknow in Sessions Trial No. 126 of 2004 : State vs. Raju @ Hanuman, arising out of Case Crime No.478 of 2003 under Ss. 363, 366, 376 I.P.C., Police Station Thakurganj, District Lucknow, whereby the learned Additional Sessions Judge, F.T.C.-III, Lucknow, convicted and sentenced the appellant in the manner stated herein-below:-

(2.) Heard Shri Ehsan Kumar Gupta, learned counsel for the appellant and Shri Alok Tiwari, learned A.G.A. for the respondent State.

(3.) The prosecution case, as per the written report (Ext. Ka-1), is that the daughter of the informant (P.W.1-Satya Prakash Jaiswal), aged about 13 years went to school from home on 11/9/2003, however, when she did not return to home, then the informant (P.W.1) went to search her daughter but he could not trace her. On the same day, Raju (convict/appellant), who was his tenant, was also missing, therefore, the informant (P.W.1) believed that Raju has enticed her daughter away.