MANOJ KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned AGA and perused the record.

(2.) THIS criminal appeal has been filed against the judgement and order dated 05.03.2012 passed by the learned Additional Sessions Judge, Court no.11, Gonda by which the appellant has been convicted for the offences punishable under sections 363, 366 and 376 IPC with an imprisonment of five years; seven years; and seven years respectively along with fine.

(3.) AS per the prosecution case, the complainant Pagal lodged the report on 11.02.2010 that the appellant had enticed away his minor daughter aged about 13 years on 13.01.2010 at about 5.00 pm. The incident was seen by Tilak Ram and Radhey. The complainant was searching his daughter but she was not traceable. Therefore, the report was lodged. The victim was recovered on 21.02.2010 along with the appellant and both were taken into custody. The victim was medically examined and the statement under section 164 Cr.P.C. was also recorded. Subsequently, the victim was given in the custody of complainant on 03.03.2010. After the investigation, the charge -sheet was filed against the appellant and his father.