NARENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 29.05.2009 passed by Additional Sessions Judge, Court No. 15th, Meerut in S.T. No. 524 of 1997 (State vs. Narendra), under Sections 363, 366, 368, 376 I.P.C, arising out of Case Crime No. 280 of 1996, P.S. Brahmpuri, District Meerut, whereby the trial court found the accused Narendra guilty under Sections 366, 368 and 376(2)(g) I.P.C. and sentenced the appellant for three years imprisonment and Rs. 1000/- as fine under Section 366 I.P.C., for three years imprisonment and Rs. 1000/- as fine under Section 368 I.P.C. and for ten years imprisonment and a fine to the extent of Rs. 3000/- under Section 376(2)(g) I.P.C. with default stipulation. All the sentences were to be run concurrently.

(2.) Brief facts according to the prosecution case are that the informant was resident of Shivshakti Nagar, Police Station Brahmpuri, Meerut. One Rita was his neighbour who was living beside his house on rent. Rita was friendly to his sister and used to come to his house to meet her. Narendra the accused was also tenant in the house of the informant along with his mother, sister, brother Jitendra and Sanjay was also tenant for the last three months. On 28.08.1996 at about 3 O'clock in the afternoon Rita came to the house of the informant and took his sister namely Shikha @ Gudiya with her to the market on the pretext for bringing some articles. Shikha did not return home. On 04.09.1996, Virendra and Shiv Kumar, resident of the same locality told the informant that on 28.08.1996 at about 05:00 P.M. when he was returning from Delhi and got down at Delhichungi, Meerut, he saw Gudiya with Narendra and Rita with Umesh who were talking to each other. Since 28.08.1996, Narendra, his brother Jitendra and Sanjay have also not returned. Narendra has eloped with Shikha and Umesh has enticed away Rita. When the family members of these boys were contacted, they did not give any reasonable explanation, hence, the first information report was lodged.

(3.) On the basis of this report Head Constable Omveer Singh PW-5 prepared the chick report and proved it as Exhibit Ka-3. He scribed the G.D. relating to the occurrence and proved it as Exhibits Ka-4 and Ka-5. Investigation of this matter was entrusted to S.I. Azaz Alam Khan PW-6 in whose presence the case was registered and investigation was entrusted to him. He copied the chick report and recorded the statement of Head Constable Omveer Singh, the informant, inspected the place of occurrence and prepared the site plan which were proved as Exhibit Ka-6. He also proved Exhibit Ka-7. He also prepared the site plan of the place from where the victim was recovered and proved it as Exhibit Ka-8. After investigation, he submitted charge sheet against the accused person and proved it as Exhibits Ka-9 and Ka-10.