LAWS(ALL)-2025-5-62

RAJVI GUPTA Vs. SMITH GOPAL

Decided On May 30, 2025
Rajvi Gupta Appellant
V/S
Smith Gopal Respondents

JUDGEMENT

(1.) These two appeals are connected together as they are of co-accused and arise out of the same judgement and order of conviction.

(2.) The present appeals have been filed by the appellants Naushad and Ahsan against the judgement and order dtd. 17/3/2020 passed by Addl. Sessions Judge/F.T.C Court No.1, Saharanpur in S.T. No.634 of 2017 (State of U.P. Vs. Ahsan and another) whereby the accusedappellants have been convicted and sentenced under Sec. 364 IPC to life imprisonment, a fine of Rs.25,000.00 and in default of payment of fine to 6 months additional imprisonment each, under Sec. 302/34 IPC to life imprisonment and a fine of Rs.25,000.00 and in default of payment of fine to 6 months additional imprisonment each and under Sec. 201 IPC to 5 years R.I. and a fine of Rs.5,000.00 and in default of payment of fine to 1 month additional imprisonment each. The sentences have been ordered to run concurrently. The trial court has ordered that set off be granted to the accused-appellants for the period already undergone in jail by them.

(3.) A typed application dtd. 10/8/2017 was given by Nadeem addressed to the Inspector Police Station Kotwali Devband, district Saharanpur alleging therein that his son Mohd. Zaid aged about 5 years and describing his physique wearing white kurta and pajama and yellow coloured sleeper, had gone missing on 10/8/2017 at about 11.15 a.m. without telling anyone. He was searched by him a lot but could not be traced. He had to come to him after being troubled and being sad. He prays that his missing report regarding his son be registered. The said application is Exb. Ka-1 to the records.