SHAILENDRA KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Kumar Tripathi and Sri Gopal Khare (for the appellant no. 2 in Criminal Appeal No. 243 of 2018 and Sri Vikas Goswami, learned A.G.A for the State and perused the material available on record.

(2.) Both these Criminal Appeals arise from the common judgment and order dtd. 23/11/2017 passed by the Additional Sessions Judge, Court No. 2, Jalaun at Orai in Sessions Trial No. 22 of 2014 (State Vs. Manvendra Singh @ Jhamman Pal, Malik Chandra and Shailendra Kushwaha), in Case Crime No. 629 of 2014, Police Station Jalaun, District Jalaun, whereby, accused Manvendra Singh @ Jhamman Pal, Malik Chandra and Shailendra Kushwaha have been convicted under Sec. 363 I.P.C and sentenced to undergo three years simple imprisonment alongwith a fine of Rs.10,000.00, in default to undergo further simple imprisonment of six months, under Sec. 366 I.P.C for seven year's simple imprisonment alongwith a fine of Rs.20,000.00, in default to undergo further simple imprisonment of one year and under Sec. 376-D I.P.C and POCSO Act for life imprisonment and a fine of Rs.1,00,000.00, in default to undergo additional simple imprisonment of two years. All the sentences have been ordered to run concurrently.

(3.) The factual matrix is that the informant 'M' P.W-2 gave a typed written application on 5/4/2014 to the Circle Officer, Jalaun with the averments that her minor daughter 'X', who was a student of Class X was enticed to elope on 31/3/2014 at about 04:00 a.m. morning by accused Shailendra Kushwaha. In the morning 'M' went to accused Shailendra Kushwaha's house and called him, thereafter he had phoned 'X' and then 'X' told her that she was present at Auraiya Bus Stand, then 'M' and others went to Auraiya Bus Stand, but before she could reach the Bus Stand, accused Manvendra Singh reached there and then accused Shailendra Kushwaha passed 'X' to accused Manvendra Singh. Manvendra Singh told them that 'X' has been found and they would bring her back, but Manvendra did not bring 'X' back to her house and instead coaxed and made 'X' flee with his neigbour's son Manvendra Pal. When in the evening Manvendra Singh came to the house of 'M', then he was asked about 'X', then Manvendra Singh told her that 'X' had escaped. She had given information about this incident to the Police Station Kotwali, Jalaun on 1/4/2014, but no action has been taken yet. It has come to her notice that 'X' is staying with Manvendra Singh's relative (Mausa) Raju in Gujarat, in Mohalla Modarsa. Manvendra's mobile number is 9586435089.