ISLAM ALIAS PALTOO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State.

(2.) This criminal appeal has been preferred against the judgment and order dtd. 11/9/2007 passed by Additional Sessions Judge, Court No.8, Kanpur Dehat in Sessions Trial No.51 of 2006 (State vs. Islam @ Paltoo) arising out of Case Crime No.307 of 2005, under Ss. 363, 366 and 376 IPC. Appellant was found guilty under Sec. 363 IPC and was sentenced for five years and fine of Rs.1,000.00. Similarly, he was held guilty for offences under Ss. 366 and 376 IPC. He was sentenced for seven years under Sec. 366 IPC along with fine of Rs.1,000.00 and was also sentenced for seven years and fine of Rs.2,000.00 for offence under Sec. 376 IPC.

(3.) On September 25, 2005, a written complaint (Ex. Ka. 1) was submitted by informant Fazal Ahmad. It was alleged that his daughter, aged approximately 16 years, had gone outside to answer the call of nature when she was enticed away by the appellant and two other persons. In response to the complaint, an FIR (Ex. Ka. 5) was registered on September 25, 2005, based on the application filed by the informant. The victim was recovered on September 25, 2005, and was subsequently produced for medical examination. Her statement under Sec. 164 Cr.P.C. was recorded. After the investigation was completed, a charge sheet was submitted against the appellant. Charges u/s 363, 366, and 376 IPC were framed against appellant.