WILLIAM @ BILLU PASI Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by William alias Billu Pasi challenging the judgment and conviction dated 12.4.2007 passed by the learned IInd Additional Sessions Judge, Fast Track Court No.5, Lucknow in Sessions Trial No.891 of 2004 (State v. William @ Billu Pasi), under Sections 363, 366, 376, 506 IPC.

(2.) AS per factual matrix of the case, FIR was lodged by Bindeshwari, wife of Sri Basdev in police station Gosainganj, Lucknow on 21.12.2003, at about 12:30 PM, alleging that her daughter aged about 15 years had gone to ease herself out of the house, at about 8 PM, on 16.12.2003, but she did not return. On inquiry, she came to know that William @ Billu Pasi enticed away her daughter. It was further alleged in the FIR that her daughter has taken jewellery worth Rs.5000/ -, clothes worth Rs.2000/ - and Rs.3000/ - cash. On this, a case under Section 363, 366 IPC was registered. Later on, the girl was recovered on 31.2.2004 and the appellant was also arrested. The statement of the victim was recorded under Section 161 Cr.P.C. She was sent for medical examination. In the medical examination, her age was found to be about 16 years. The victim was given in the supurdgi of her mother. The statement of victim under Section 164 Cr.P.C. was also recorded. After investigation, charge sheet under Sections 363, 366, 376, 506 IPC was submitted against the accused. After submission of charge sheet, the Magistrate took cognizance and committed the case to the court of sessions. The trial court framed charge under Sections 363, 366, 376, 506 IPC agaisnt the appellant William @ Billu Pasi. The accused pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined PW -1 Smt. Bindeshwari, PW -2 Head Constable 37 Ahmad Ali, PW -3 the victim, PW -4 Dr. Tarannum Raza, PW -5 S.I. V.D. Tiwari, PW -6 S.I. Ram Ratan Singh and PW -7 S.I. R.K. Tiwari. The statement of accused appellant was recorded under Section 313 Cr.P.C. He denied his complicity in the offence and said that he was arrested from his village, not from the platform of Anoopganj railway station. No defence witness was examined.