SANJA Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant criminal appeal is the judgment and order dated 04.12.2010 passed by learned Additional Sessions Judge, (F.T.C. No.2), District Hardoi, in Sessions Trial No.848 of 2010 arising out of Case Crime No.424 of 2010, Police Station Tandiyawan, District Hardoi, whereby the appellant -Sanjay was convicted for the offence under Sections 363, 366 IPC. For the offence under Section 363 IPC the appellant was sentenced to undergo rigorous imprisonment for a period of two years and also with fine of Rs.500/ - and for the offence under Section 366 IPC he was sentenced to undergo rigorous imprisonment for a period of three years' and also with fine of Rs.500/ - with default stipulation of additional two months' rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) THE facts, necessary for the disposal of the present appeal, are that on 06.07.2010 at about 11.10 hours the complainant Surendra Pal lodged an FIR at the police station Tandiyawan, District Hardoi with the allegation that his minor daughter aged about 13 years has been enticed away by the appellant Sanjay who happens to be the son of his co -brother (Saadu). The complainant made an effort for the search of the victim and when his efforts failed then he lodged the FIR of this case. During investigation, the victim was recovered on the same day, when the FIR was lodged and recovery memo was prepared. Thereafter the victim was sent for her medical examination which took place on the day of her recovery at 7.00 p.m. at Women Hospital, Hardoi. In her medical examination no mark of injury was found on any part of the body. Hymen was old torn and healed and vagina admitted two fingers. Vaginal smear was taken and sent to microscopic examination and the victim was referred for X -ray for ascertaining her age. On the basis of the aforesaid test, the radiological age of the victim was reported to be between 16 -18 years and no definite opinion could be given about rape.

(3.) AFTER completing the investigation the charge -sheet was filed against the appellant.