STATE OF U.P. Vs. BALWAN SINGH

JUDGEMENT

(1.) Heard Sri Jitendra Kumar Jaiswal, learned A.G.A. for the State/appellant and Sri Subhash Chandra Tiwari, learned counsel for respondent No.1 to 4. We have perused the record and also the impugned judgment under challenge in this appeal.

(2.) The trial court has acquitted the accused-respondents for charge under Ss. 366 and 376 IPC, vide judgment and order dtd. 8/4/2015 passed by learned Additional District and Session Judge/FTC, Kanpur Dehat in S.T. No.233 of 2010 (State Vs. Balwan Singh and others). This appeal under 378(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.) has been preferred at the instance of the State as Government Appeal against the impugned judgment and order.

(3.) The brief facts of the case as appeared from FIR and other material on record are that the defacto complainant Munna Lal had given a written report on 22/4/2009 at Police Station concerned, on the basis of which Chick FIR (Ext. Ka-2) was drawn by Head Constable Sudhakar Singh on 22/4/2009 at 11:00 hours under Sec. 363 and 366 IPC at Police Station Rura, District Kanpur Dehat. The informant stated in his written report that on 7/4/2009 his minor daughter whose date of birth was 15/9/1993 had gone with her younger brother Rohit to the market to take medicines, at around 10:00 am accused Balwan Singh and Akhilesh who were coming by a tractor met them and got his daughter and son sit on the tractor. On some pretext they send his son Rohit to take guthka for them on way and when he returned back to the place where he was dropped by accused persons, he found neither the accused nor tractor nor his sister (victim), thus Rohit came back to home and narrated the incident to the informant. The informant embarked on search of his missing daughter, and in that sequence Akhilesh met him in the evening on the bank of a canal in Ballia and on making a pointed query he told that his brother Siya Ram and his brother-in-law (Bahnoi) who belonged to Panki took away his daughter from Madhauli by making her sit on a Marshal Jeep. The informant raised an apprehension in FIR, if his daughter be not recovered immediately she might be killed by the accused persons.