ARVIND KUMAR CHAUBEY Vs. STATE OF U P

JUDGEMENT

(1.) UNDER challenge in the instant appeal is the judgment and order dated 22.9.2012 passed by learned Additional Sessions Judge, Gonda in Sessions Trial No.01/12, arising out of Case Crime No.630/11, under Sections 406, 420, 363, 366, 376 and 506 I.P.C Police Station Kotwali Nagar, District Gonda, whereby appellants Arvind Kumar Chaubey and Ravindra Kumar Chaubey alias Bind Kumar alias Rambind Chaubey were tried for the charges under Sections 406, 420, 363, 366, 376 and 506 I.P.C. After trial co -accused Ravindra Kumar Chaubey alias Bind Kumar was acquitted of all the charges levelled against him. Appellant Arvind Kumar was also acquitted for the offences under Section 363, 366, 506 I.P.C. However, he was convicted for the offences under Sections 406, 420, 376 I.P.C. and was sentenced as under:

(2.) IN default of payment of entire fine amount, he was directed to undergo six months' simple imprisonment.

(3.) ACCORDING to the prosecution version, as narrated in the F.I.R, the complainant, who happens to be mother of the victim, lodged an F.I.R on 7.7.2011 at 4.00 pm at Police Station Kotwali Nagar, District Gonda stating therein that the appellant Arvind Kumar Chaubey, who was acquainted with her, had taken a loan of Rs.2,00,000/ -( Two Lac) from her for the purpose of purchasing a jeep. The said amount was withdrawn by her from her bank account of Central Bank of India, Branch L.B.S Chauraha. Thereafter, the appellant purchased jeep and he was plying the same on road. At the time of taking the loan from the complainant, Arvind Kumar Chaubey (appellant) had assured her that he will return the said amount by March, 2011. This assurance was given by the appellant and his fatherr Ram Pratap Chaubey. At that time daughter of the complainant (victim) and one Neeraj Maurya and Sandeep were also present. But thereafter, mind of these persons changed and they avoided repayment of loan amount. On 4.7.2011 the appellant made a phone call to the complainant that you send your daughter (victim) at L.B.S Chauraha, Gonda to collect the money which has been arranged. On this information, the complainant send the victim, aged about 16 years, to collect the money but appellant and co -accused, in collusion with each other, enticed away the victim for solemnizing marriage with her forcibly. When the victim did not come back, then the complainant made an enquiry, and she came to know about this incident. Thereafter, the F.I.R of this case was lodged. Investigation started. During investigation, it revealed that prior to the said incident, with regard to the repayment of the loan amount, an information was given at the police station and thereafter a compromise was entered into between Arvind Kumar Chaubey and the victim, wherein assurance was given that the amount shall be returned by 14th June, 2011 and in case of default in repayment of the amount, legal action may be taken against him. It appears that by the aforementioned date, no repayment was made and this incident is alleged to have taken place after the said period. During investigation, victim was recovered on 18.7.2011, near the Civil Court compound, Gonda. She was referred for her medical examination which was conducted on 18.7.2011 at 6.45 pm at District Women Hospital, Gonda.