HARI SHYAM PANDE Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 27.08.2010, passed by the learned Additional Sessions Judge, Court No.4, Faizabad, by which the appellant has been convicted for the offence punishable under Sections 366 and 376 I.P.C. and has been sentenced to undergo rigorous imprisonment of seven years and a fine of Rs.5000/- for the offence punishable under Section 366 I.P.C. and sentenced to undergo rigorous imprisonment of ten years and a fine of Rs.10,000/- for the offence punishable under Section 376 I.P.C.

(2.) The prosecution case in brief is that complainant Lal Bahadur son of Jag Narayan Tewari, village-Bhawapur, Newada, Police Station-Bikapur, Faizabad lodged a written report at Police Station-Pura Kalandar on 22.10.2008, at 14.15 hours with the allegations that his daughter K.A. (Changed name) had gone with her Mausa Brijesh Pandey to his house on the occasion of "Akhand Ramayan" on 07.10.2008. On 17.10.2008, Brijesh Pandey managed to leave girl Arti Tewari to complainant's house with his younger brother Hari Shyam Pandey, but Hari Shyam Pandey in spite of bringing minor girl to the house of the complainant, made her to run away somewhere with him by inducing and seducing her on the way itself. The complainant made a hectic search for the girl but she could not be traced out. He mentioned the identity of the girl as K.A. fair colour, slim body, length five feets three inches, aged about seventeen years, passed Intermediate in education and prayed for taking action after lodging the report.

(3.) On the basis of the written report, Chik FIR No.216/2008 was prepared and a case under Sections 363 and 366 I.P.C. was registered at Crime No.965 of 2008 and entries were made in G.D. at Rapat No.28 on the same date.