BUDDHU RAIDAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374 Cr.P.C. is preferred against the judgment and order dtd. 11/1/2002 passed by learned Additional Sessions Judge, Fast Track Court-V, Lucknow in Sessions Trial No. 913 of 2001, Crime No. 62 of 2000 under Sec. 363, 366, 376 I.P.C., Police Station Gosaiganj, Lucknow whereby the accused appellant Buddhu Raidas has been convicted and sentenced under Sec. 363 I.P.C. with rigorous imprisonment for a period of four years along with fine of Rs.2,000.00 and in default of fine, additional six months imprisonment, under Sec. 366 I.P.C. with rigorous imprisonment for a period of four years along with fine of Rs.2,000.00and in default of fine, additional imprisonment for six months and under Sec. 376 I.P.C. with rigorous imprisonment for a period of seven years along with fine of Rs.2,000.00 and in default of fine, additional six months rigorous imprisonment.

(2.) In the guidelines of the Hon'ble the Supreme Court, the name of the victim is not disclosed in the present judgment and is being referred to as letter 'X'.

(3.) Prosecution story in nut-shell is that the daughter of the complainant, aged about 13 years, had gone to fetch water from well on 29/3/2000 at about 10:00 PM and when she did not return in late night, the complainant-Ram Asrey started search of his daughter. The complainant came to know through Shri Ram Kori, son of Ram Autar and Sia Ram son of Ram Prasad that they have seen his daughter with Buddhu Raidas, Sunil and Nand Kishore going towards the road. The complainant believed that his daughter got enticed away by accused with the help of Ishwari, his wife and daughter. The prosecutrix is alleged to have took away two pairs of Payal, three golden nose pins, four silver Bichhias, one jug, one Thali, Kambal, Chaddar and Rs.15,000.00 cash with her. Having believed that Ishwari and his brother-inlaw and Kishan had full knowledge of the whereabouts of his daughter, complainant-Ram Asrey made a written report on 2/4/2000 to S.O. Gosaiganj, Lucknow, on the basis of which a case was registered.