RAMESH KUMAR RAIDAS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the appellant for appellant and Sri Arvind Kumar Tripathi, learned A.G.A. as well as perused the record.

(2.) The present appeal has been preferred against the judgment and order dtd. 16/11/2019 passed by the Special Judge, POCSO Act, Sitapur convicting the appellant in S.S.T. No. 62 of 2015 arising out of case crime no. 89 of 2015, P.S.- Laharpur, District- Sitapur sentencing him 5 years rigorous imprisonment and to pay fine of Rs.5,000.00 under Sec. 363 I.P.C. and in default of payment of fine to under further imprisonment for a period of 6 months, 7 years rigorous imprisonment and to pay fine of Rs.7,000.00 under Sec. 366 I.P.C. and in default of payment of fine to undergo further imprisonment for a period of 1 year and 15 years rigorous imprisonment and to pay fine of Rs.20,000.00 under Ss. 376 (2) I.P.C. and in default of payment of fine to undergo further imprisonment for a period of 1 year. All the sentences to run concurrently.

(3.) The brief facts of the present case emerges as such F.I.R. of the alleged incident has been lodged by Khushi Ram with the allegation that his minor daughter/victim, who is aged about 14 years, was abducted on 2/3/2015 at 7:00 p.m. by Khurshed on a red colour motorcycle. This occurrence was seen by Manoj and Nanhu, who are villagers of the village of the complainant. On the basis of the a written report Exbt.- Ka-1 dtd. 4/3/2015, the F.I.R. was lodged against Khurshed under Sec. 363, 366 I.P.C. on 4/3/2015 at 15:40 as case crime no. 89 of 2015.