NISAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant and Sri Sharad Dixit, learned AGA for the State.

(2.) INSTANT criminal appeal has been filed by appellant Nisar Ahmad against judgment and order dated 7.12.2006 passed by Additional Sessions Judge, F.T.C. 1st, Lucknow in Session Trial No.143 of 2006 (Crime No.283 of 2005) under Sections, 363,366,376,506 IPC, P.S. Alambagh, Lucknow, by which appellant was convicted under Sections 363,376,506 IPC and was directed to undergo five years R.I. and fine of Rs.10,000/ - under Section 363 IPC,10 years R.I. and fine of Rs.50,000/ - under Section 376 IPC, 5 years R.I. and fine of Rs.10,000/ - under Section 506 IPC. Appellant was also directed to undergo six months additional imprisonment under Section 363 IPC, one year additional imprisonment under Section 376 IPC and six months additional imprisonment under Section 506 IPC, in case of default of payment of fine.

(3.) ACCORDING to the prosecution version, first information report was lodged by Smt. Bittan in P.S. Alambagh, Lucknow on 27.10.2005 at about 5.30 pm alleging that her daughter the victim aged 15 years was enticed away by Nisar Ahmad son of Lal Mohd. on 21.10.2005 at about 12.00 noon. She was searching for her but she could not find her. On 24.10.2005, she met with Nisar and then she accused him for kidnapping her daughter. She further asked him to either return her daughter or she will lodge first information report. On 24.10.2005 at about 6.30 pm, her daughter contacted her elder sister on a PCO and asked her to tell mother not to lodge the first information report, otherwise she feels threat to her life. On this, a case under Sections 363,366 IPC was registered.