MUSTAK Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellant against the judgement and order dated 19.10.2013 passed by the Additional District & Sessions Judge Court No.2, Etah in Session Trial No. 215 of 2009 (State of U.P. vs. Mushtak) convicting and sentencing the appellant for the offence punishable under Sections 363 IPC to undergo five years rigorous imprisonment and a fine of Rs. 5000/-. In default of payment of fine, he has to undergo three months additional imprisonment.

(2.) The facts of the case, as unfolded by the informant Rajesh Kumar son of Chandra Pal in the First Information Report (in short 'F.I.R.'), are that his daughters Km. Shikha aged about 15 years and Km. Shiva, aged about 13 years were the students of Intermediate and High School in Gandhi Inter College, Jaithra. On 17.11.2008, the daughters of the informant had gone to school and at about 3.30 p.m. while they were returning for house and had reached Bhlaul Mod, a Maruti Van came there and Mushtak son of Amiruddin, Amiruddin son of Darav Khan and Sher Bano wife of Amiruddin resident of Dariyao Ganj Road, Jaithra and an unknown person alighted and told to the informant daughter Shikha that her father had met with an accident at Etah and he had called you (Shikha) and after taking her inside the van, told Shiva that she should go to house and they rushed towards Etah. Sanjeev Kumar son of Chandra Pal, Rakesh Kumar son of Gangadin, resident of village Sokha, who at that time were going to market, asked her to keep patience and when they went her house to drop her, they saw the informant in a good condition there then they and Shiva told that Mushtak, Amiruddin and Sher Bano on the pretext of accident of the informant had taken away Shikha in Maruti Van. Sanjeev Kumar and Rakesh told that they had not suspected as they are the neighbour of the informant. They took away the daughter of the informant with bad intention. Informant was searching them at Etah and other places but they could not be traced.

(3.) On the basis of the written report (Ext. ka-1), chik First Information Report (Ext. Ka-5) was registered at Police Station concerned on 20.12.2008 at 9.30.00 a.m. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry ( Ext. Ka-6) was also made at the same time.