PRAKASH SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Jalaj Kumar Gupta, learned counsel for the appellant and the learned A.G.A. for the State and perused the record.

(2.) THIS Criminal Appeal under Section 374 (2) Cr.P.C. has been filed against the judgement and order dated 06.01.2007 passed by Additional Sessions Judge/Fast Track Court No. 2, Faizabad in Session Trial No. 61 of 2006, under Sections 363, 365, 366 and 376 I.P.C. whereby the appellant has been sentenced to undergo rigorous imprisonment of 7 years and to pay a fine of Rs. 5,000/ - and in case of non -payment of fine the appellant has been further sentenced to undergo three months' additional imprisonment.

(3.) THE prosecution story as alleged in the F.I.R. is that on 11.04.2005 the minor daughter of the informant, who was a student of Class 11th in Arya Kanya Inter College, Faizabad had left her home at about 7.00 a.m. When she was on way to her school, the appellant enticed her away. It is also stated in the F.I.R. that the appellant's brother -in -law namely Lal Ji, his wife Smt. Asha and the brother of Lal Ji namely Shyamu and one Pappu had also extended their help to the appellant while taking away the informant's daughter. It is also alleged in the F.I.R. that the sister of the appellant and the informant's daughter both were classmates and the appellant's sister had also conspired with the appellant and the other accused persons in kidnapping the informant's daughter. The informant tried to contact the parents of the appellant and also tried to search out his daughter, but when she could not be traced, an F.I.R. was registered against all the persons named in the F.I.R., but after investigation the police submitted charge -sheet only against the appellant, Lal Ji, Smt. Asha and Shyamu. The daughter of the informant was recovered by the police on 03.06.2005 from the railway station Faizabad, where she was with the appellant. The police took statement of the prosecutrix and sent her to the hospital for medical examination. The Investigating Officer also visited the spot and prepared the site plan. He also interrogated other important witnesses and after completion of the investigation, he submitted charge -sheet.