RAMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.3.2013 passed by Sri Vinay Khare, Addl. Sessions Judge, Court No. 9, Agra in S.T. No. 785 of 2011 (State Vs. Ramesh @ Baba) whereby the appellant had been convicted for the offences punishable under sections 363, 366, 376 IPC and had been sentenced as under: <FRM>JUDGEMENT_899_TLALL0_2014_1.html</FRM>

(2.) Shorn of details, the prosecution story is that on 17.2.2011 Amar Singh s/o Ganpat Singh r/o Shyam Vihar Colony, Ambedkar Park, P. S. Etmadaula, District- Agra submitted his self written report at 2:50 P.M. in police station Etmadaula stating that on 12.2.2011 at 8:00 A.M. his 14-years' daughter was returning home from tuition with other girls. When she reached at the Royal Public School crossing, the appellant, who off and on used to come in his locality told the victim to accompany him as her mother had given birth to a child in the night and he was going to the hospital. In this way, the appellant with one Ramveer enticed away his daughter. It has been further alleged in the report that this incident was witnessed by Rakesh and Pooran Singh while going to factory at Royal Public School crossing. The informant searched for the victim in the village of the accused, Sahimapur and contacted his own relatives but all in vain and he was compelled to feel that either the victim would have been killed or sold. Before getting the FIR lodged, the informant also tried his best to contact the appellant to know whereabouts of his daughter on his phone, but he avoided to say anything about her. On the written report of the first informant the police registered Case Crime No. 99 of 2011 under sections 363, 366 IPC., investigation whereof was entrusted to SI Ram Chandra Saroj. On 20.2.2011 the victim was recovered by the investigating officer from the house of the appellant in the presence of the witnesses and the first informant. After necessary formalities the victim was brought to Agra, where she was interrogated and after medical examination her statement u/s 164 Cr. P.C. was recorded by the Magistrate and on its basis, section 376 was added in the investigation of the case. After completion of investigatory formalities, on the basis of sufficient evidence charge-sheet for the offence punishable under sections 363, 366 and 376 IPC was submitted.

(3.) After committal of the case to the Court of Session charges for the offences punishable under sections 363, 366 and 376 IPC were framed against the accused-appellant who abjured the guilt and claimed trial.