ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri B.Q. Siddiqui, learned counsel for the appellant and Shri Abhay Veer Singh, learned AGA for the State respondent.

(2.) THIS criminal appeal has been filed by the appellant - Abbas challenging the judgment and order dated 6.10.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Hardoi in State v. Abbas and another, Sessions Trial No.560 of 2000, crime no.44 of 2000, Police Station Sandila, District Hardoi by which the present appellant has been convicted and sentenced to undergo 1 year RI under Section 363 IPC and to pay fine of Rs.1000/ -, 3 years RI and to pay fine of Rs.2000/ - under Section 366 IPC, 2 years RI and to pay fine of Rs.1000/ - under Section 368 IPC, and 10 years RI and to pay fine of Rs.7000/ - under Section 376 IPC. In default of payment of fine, the appellant was directed to undergo further 1 years Imprisonment.

(3.) THE factual matrix of the case is that on 8.2.2000, FIR was filed by the informant Sirdar Ali, son of Iddu, resident of village Bithauli, Police Station Sandila, District Hardoi alleging that on 4.2.2000 his daughter, aged about 14 years, has been taken away by Shabana wife of present appellant and she was put in a locked room in the appellant's house, and since then they were searching for her in the village and with relatives. On 8.2.2000, at about 6 AM, he came to know that his daughter is locked in the house of Abbas. Then he went to his house along with some person and got the house unlocked and found his daughter there in a room. His daughter told him that Abbas, with the help of his wife, kept on raping her continuously in the night from 4.2.2000. They all went to police station along with Abbas, Shabana and his daughter. On the basis of this, written report Ex.Ka.1, a case crime no.44 of 2000, under Sections 342, 363, 366, 376 IPC was registered on 8.2.2000, at about 14:25 hours. The investigation followed and statement of the witnesses was recorded. On 8.2.2000, clothes of the victim (Ex.Ka.6) and inner garments of the accused appellant (Ex.Ka.7) were taken into custody. Fard were prepared, which is Ex.Ka.6 and Ex.Ka.7. On 9.2.2000, victim was medically examined and x -ray was done in Sadar Hospital, Hardoi. The Investigating Officer visited the place of occurrence and prepared site plan, which is Ex.Ka.8. As at the time of recovery, the accused Shabana had received injuries, she was also examined on 8.2.2000 in Primary Health Centre, Sandila. After investigation, charge sheet was submitted by the Investigating Officer under Sections 342. 363, 366, 376 IPC in the Court. The court took cognizance in the matter and sent the case to the court of sessions.