VISHRAM Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these appeals arises from the common judgement and order dated 12.12.2011 passed by the learned Additional Sessions Judge, Shrawasti in Sessions Trial No.24 of 2006 by which both the appellants have been convicted for the offences punishable under sections 366 and 376 IPC with a rigorous imprisonment of seven years along with fine.

(2.) HEARD learned counsel for the appellants, learned AGA and perused the record.

(3.) AS per the prosecution case, the daughter of complainant was enticed away by the accused Atthan on 23/24 -04 -2005 at about 8.00 pm. The daughter of complainant had also taken away Rs.18,000/ - cash and 14 articles of jewellery. The accused was seen along with the daughter of complainant at Jamunaha Chauraha by Rama Shanker Sahni and Lallan Prasad. The complainant had moved an application before the Police Station Mallhipur on 24.04.2005 but no action was taken. Subsequently, an application to Superintendent of Police, Bahraich was also given and ultimately, an application under section 156(3) Cr.P.C. was filed upon which, the case was registered. After the investigation, the charge -sheet was filed against the appellants for the offences punishable under section 363, 366 and 376 IPC. The accused persons had denied the charges and claimed trial.