ISHWAR KEWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 31.10.2013 passed by the Additional District Judge, Court No. 3, Maharajganj in Sessions Trial No. 38 of 2007 (State Vs. Ishwar Kewat), case crime no. 620/ 2005, u/ss 363, 366 IPC and Section 3(2)(v) of the Scheduled Castes or Schedule Tribes (Prevention and Atrocities) Act, 1989, PS- Paniyara, Maharajganj, by which sole accused Ishwar Kewat was convicted and punished for the charge u/s 363 IPC with rigorous imprisonment of 5 years and fine of Rs. 2000/- (in default of payment, further imprisonment of two months), for the charge u/s 366 IPC with imprisonment of 10 years rigorous imprisonment and fine of Rs. 5000/- (in default of payment, five months further imprisonment) and for the charge of Section 3(2)(v) the Scheduled Castes or Schedule Tribes (Prevention and Atrocities) Act, 1989 [hereinafter referred to as SC/ST Act] with life imprisonment and fine of Rs. 10,000/- (in default of payment, further imprisonment of 10 months), and it was also directed that all sentences would run concurrently.

(2.) The prosecution case in brief was that the informant Indrajeet Pasi (PW-1) had moved an application u/s 156(3) Cr.P.C., which was later registered as FIR of case crime no. 620/2005. According to the prosecution case on 14.10.2005, informant's minor daughter Sushila had informed at 09:00 pm in the night to the informant and his wife at their tea shop in market that her elder sister Poonam is not at home. After receiving this information, they closed their shop and searched their daughter Poonam. It was informed to them that wife of Gulab Seth and a lady Dukhani had conspired with Girijesh Yadav of village Chandan Chaki and persuaded their daughter Poonam to go with them alongwith Rs. 35,000/- cash and a gold chain. All these accused were seen with Poonam by witnesses Sallaudin, Sarafat Ali and Allaudin. During investigation, the victim Poonam was recovered and after completion of investigation charge-sheet was filed against the sole accused Ishwar Kewat for the offence u/ss 363, 366 IPC and Section 3(1)(xii) SC/ST Act, on the basis of which, S.T. No. 38 of 2007 was registered.

(3.) During trial, the accused Ishwar Kewat was charged with the offence u/ss 363, 366 IPC and Section 3(1)(xii) SC/ST Act (which was later on amended as Section 3(2)5 SC/ST Act.). The accused pleaded not guilty and claimed to be tried.