NAURANG Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 16.05.2015 passed by the learned Additional Sessions Judge/Fast Track Court, Mau in Sessions Trial No. 244 of 2009 (State v/s. Naurang and others) arising out of Case Crime No. 478 of 2009, under Ss. 363, 366, 376 IPC, police station Madhuban, district Mau, whereby the appellant Naurang has been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 10,000/ - and in default thereof the appellant shall further undergo imprisonment for six months. Half of the amount of fine so deposited by the appellant was directed to be given to the victim.

(2.) Brief facts as unfolded in the prosecution case and the FIR are that the informant Chhotey Lal Gupta is resident of village Katghara Shankar, police station Madhuban, district Mau. His niece Pooja was staying with him and was studying. She was the student of class -VIII of Ambedkar School, who was aged 13 years. She was taken away by accused -Naurang on 18.03.2009 at 7.00 a.m. The informant tried to trace out the girl, but she could not be traced out. Father of the accused Moti Prasad also assisted the accused in taking away the girl. The planning of taking away the girl was made three months prior to the incident, but since the informant came to know about the plan, the plan could not be executed. But again the accused came into action and took away the victim. When the informant came to know about the fact, he gave information at the police station on 18.03.2009. The parents of the accused were called to the police station to hand over the girl to her maternal uncle (mama), but after lapse of three days, the whereabouts of the victim were not known. Hence, the informant filed the report on the belief that his niece could be murdered.

(3.) On the basis of this report, the constable clerk scribed the chik report, which was proved as Ext. Ka -13 by P.W. -6, S.I. Shahzad Yadav. On the basis of chick report, the relevant entries were made in the G.D., which was proved by P.W. -6 S.I. Shahzad Yadav as Ext. Ka -14. Investigation was entrusted to S.I. Shahzad Yadav, P.W. -6, who after entering details of the chik and G.D. in the case diary, reached village Katghara Shankar and recorded the statements of the informant Chhotey Lal Yadav and Gita Devi. He inspected the spot with the assistance of the informant and Gita Devi and prepared the site plan and proved it as Ext. Ka -6. After that he recorded the statements of the witnesses. The accused persons were arrested on 05.04.2009. The statements of Moti Prasad and Firoz were recorded and the Investigating Officer tried to trace out the victim. This witness further proved the copy of G.D. as Ext. Ka -7. On 11.05.2009 he apprehended the victim and the accused Naurang and recorded their statements on 19.05.2009. He received the medical report, X -ray report and the radiological report. The statement of the victim Pooja was got recorded under Sec. 164 Cr.P.C. He obtained the copy of the transfer certificate relating to age of the victim, in which her date of birth was mentioned to be 02.08.1996. It was entered in the case diary and proved as Ext. Ka -1. The copy of the statement of the prosecutrix recorded under Sec. 164 Cr.P.C. was copied in the case diary and charge sheet was submitted against the accused, which was proved as Ext. Ka -12.