SHAHJAHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) All these appeals are directed against a composite judgment and order of conviction and sentence dtd. 11/8/2009, passed by the Additional Sessions Judge, Court No.2, Bijnor, in Sessions Case No.622 of 2005 (State Vs. Preetam and others), under Ss. 363, 366, 368 and 376(g) I.P.C., arising out of Case Crime No.549 of 2004, Police Station-Nehtaur, District-Bijnor; whereby accused appellants- Preetam, Ayyub and Lala @ Shakir have been convicted and sentenced to five years rigorous imprisonment alongwith fine of Rs.10,000.00, each, under Sec. 363 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one year; to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000.00, each, under Sec. 366 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one and a half years; whereby accused appellant Preetam has also been convicted and sentenced to life imprisonment alongwith fine of Rs.2,00,000.00, under Sec. 376(g) I.P.C. and on failure to deposit fine to undergo simple imprisonment for two years; accused appellants Smt. Shahjahan, Smt. Gulshan and Javed have been convicted and sentenced to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000.00, each, under Sec. 368 I.P.C. and on failure to deposit fine to undergo one and a half years, each, for simple imprisonment; whereby accused appellant-Kasim has been convicted and sentenced to five years rigorous imprisonment alongwith fine of Rs.10,000.00 under Sec. 363 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one year; he has also to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000.00under Sec. 366 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one and a half years; as well as to undergo life imprisonment alongwith fine of Rs.2,00,000.00, under Sec. 376(g) I.P.C. and on failure to deposit fine to undergo simple imprisonment for two years. All the sentences are directed to run concurrently.

(2.) Since all the criminal appeals and jail appeal have been heard together, as such, they are being disposed off by this common judgment.

(3.) Informant in the present case is the father of the victim (P.W.-3), who has lodged a written report on 23rd of July, 2004 stating that his 16 year old minor daughter (Victim) has been enticed by the accused Kasim at about 6.00 a.m. on 17/6/2004, which incident has been seen by Jay Prakash son of Sita Ram (not produced) and Dinesh son of Dileep (P.W.-2). Despite best endeavours, the informant could not trace out his daughter, as such, the report has been lodged. On these allegations, the FIR came to be lodged at 16.25 hours on 28/7/2004, Police Station-Nehtaur, District-Bijnor, under Ss. 363 and 366 I.P.C., arising out of Case Crime No.549 of 2004.