MANJAY @ MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) UNDER consideration in the instant appeal is the sustainability of the judgment and order dated 4.1.2008 passed by the learned Additional Sessions Judge, Ambedkar Nagar in Sessions Trial No. 74 of 2005, arising out of case crime no. 10 of 2005, Police Station Bhiti District Ambedkar Nagar whereby the appellant was convicted for the offence under Section 376 I.P.C. and sentenced him to rigorous imprisonment for a period of seven years and also with fine of Rs.2,000/ - with default stipulation of two months additional imprisonment. However, the appellant was acquitted of the charges under Sections 363 and 366 I.P.C.

(3.) IN brief the facts necessary for the instant appeal are that in the night of 25.2.2005 appellant Manjay alias Manoj, his father Sookan, his mother and sister of the appellant had enticed away the victim, who happens to be the daughter of Turfani. As per version of the F.I.R., the victim eloped along with Rs. 5,000/ - and gold and silver jewelery valuing of Rs. 3,000/ -. The complainant continued search of the victim and when his efforts failed then he lodged F.I.R. of this case on 30.3.2005. On the basis of this F.I.R., case under Sections 363 and 366 I.P.C. was registered against all the above -mentioned family members of the present appellant. During investigation, the victim was recovered on 13.4.2005 at Chanha Chauraha and her medical examination was conducted on 14.4.2005 at 3:00 p.m. at Women's Hospital, Faizabad. As per the medical examination report, no injury on her body or on her private part was found. Her hymen was old torn. No definite opinion regarding rape was given and she was reported to be 18 years of age. After concluding the evidence, charge sheet was filed only against the present appellant.