SURESH PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 15.10.2015 passed by Fast Track Court No. 2/Additional Session Judge, Ghaziabad in S.T. No. 1058 of 2010 arising out of Crime No. 1857 of 2009 (State Vs. Suresh Pal and others), under Sections 363, 366 and 376 I.P.C., Police Station-Loni, whereby the accused Mahendra and Rajendra were acquitted under Section 363 and 366 I.P.C., the accused Suresh Pal was found guilty under Section 366 and 376 I.P.C. and was sentenced to 7 years rigorous imprisonment and Rs. 10,000/- fine under Section 366 I.P.C. and was sentenced to 10 years rigorous imprisonment and Rs. 20,000/- fine under Section 376 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case is that the brother of the victim namely Ashu lodged a written report at the police station-Loni stating that on 21.10.2009 his sister aged about 17 years was missing since the night of 21.10.2009. She had gone out of the house to attend the call of nature. The accused Suresh Pal, Toni and Nanak Chand had taken away the victim alongwith connivance of Sajid, Mahendra and Rajendra, she could not be traced, hence the report was lodged.

(3.) On the basis of this F.I.R. the investigation was entrusted to P.W. 5, S.I. Sayyad Ali Rizvi on 26.10.2009. He copied the chick and the F.I.R. in the case diary. He recorded the statement of the mother of the informant on 29.10.2009. The victim was recovered and she was got medically examined and her statement was recorded on 30.10.2009. The x-ray report was received on 31.10.2009, the statement of the victim was got recorded under Section 164 Cr.P.C. on 1.11.2009. On the information of the informer the accused Mahendra, Suresh and Ravindra were arrested. Their statements were recorded on 16.11.2009. The statement of Sajid was also recorded. He was not found involved in the occurrence. On 26.1.2010 the I.O. inspected the spot, prepared the site plan, which was proved as Exhibit Ka-4. Investigation ended into a charge-sheet, which was proved by this witness and proved as Exhibit Ka-5. The witness provided the arrest memo of the accused Rajendra, Mahendra and Suresh Pal, who was proved as Exhibit Ka-6 and Ka-7.