GHULAM SARVAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal has been preferred against the judgement dated 22.1.2014 delivered by Additional Sessions Judge, Court No. 10, Varanasi in S.T. No. 729 of 2010, under Ss. 363, 366, 376 I.P.C., Police Station -Cantt, Varanasi, whereby the accused Ghulam Sarvar was found guilty under Sec. 366 and 376(1) I.P.C. and sentenced to five years rigorous imprisonment coupled with Rs. 2,000/ - fine and eight years rigorous imprisonment coupled with Rs. 6,000/ - fine respectively with default stipulation. All the sentences were to run concurrently.

(2.) The prosecution story in brief are that on 3.12.2010 an application was moved by informant Om Prakash Gupta under Sec. 156(3) Cr.P.C. stating that his daughter Shashi Prabha aged about 15 years, whose date of birth is 18.11.1995, who was known to one Ghulam Sarvar accused, took away his daughter on 20.9.2010 at about 4:00 a.m. The informant came to know that Shashi Prabha was kept by the accused in his house. The father of the accused and his three sisters assisted him in this act. After the occurrence the police was informed, but nothing was done in the matter.

(3.) On 1.12.2010 a telegram sent to the D.I.G., but no action was taken, hence the application was moved. This application was ordered to be registered as an F.I.R., which was proved by Om Prakash Gupta P.W. 1. P.W. 2 is Indu Gupta, wife of the informant and mother of the victim. P.W. 3 is Shashi Prabha the victim. P.W. 4 is Dr. Padma Gupta, who medically examined the victim and proved the medical report as Exhibit Ka -2 and the supplementary report as Exhibit Ka -3. She has further proved the ossification report as Exhibit Ka -4. P.W. 5 is Pushpa Shukla who is a witness proved the age of the victim and also proved the copy of the Transfer Certificate as Exhibit Ka -5. P.W. 6 is S.I. Sailesh, who investigated the matter. He recorded the statements of the informant Om Prakash Gupta, Shashi Prabha, the victim and inspected the spot, copied the statement of the prosecutrix recorded under Sec. 164 Cr.P.C., prepared the site plan and proved it as Exhibit Ka -6 and finally submitted the charge -sheet against the accused and proved it as Exhibit Ka -7. P.W. 7 is Ram Subhag, who has proved the chick report as Exhibit Ka -8 and copy of G.D. Exhibit Ka -9. After production of 7 witnesses, the prosecution closed its evidence.