LAWS(ALL)-2016-5-36

RINKU Vs. STATE OF U.P.

Decided On May 10, 2016
Rinku Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Since both the afore -captioned criminal appeals have been filed against the judgment and order dated 05.08.2014 passed by the learned Additional Sessions Judge, Court No. 15, Agra in Sessions Trial No. 510 of 2010 (State vs Surendra Kushwaha) and Sessions Trial No. 885 of 2010 (State vs Rinku), hence they are being decided by this common order.

(2.) Challenge in these appeals is to the judgment and order dated 05.08.2014 passed by the learned Additional Sessions Judge, Court No. 15, Agra in Sessions Trial No. 510 of 2010 (State vs Surendra Kushwaha) and Sessions Trial No. 885 of 2010 (State vs Rinku) arising out of Case Crime No. 387 of 2009, under Sections 363, 366, 376 IPC, Police Station Barhan, District Agra, whereby the accused appellants Surendra Kushwaha and Rinku have been convicted and sentenced to four years' rigorous imprisonment and a fine of Rs. 5000/ - each under Section 363/34 IPC; five years' rigorous imprisonment and a fine of Rs. 5000/ - each under Section 366/34 IPC and ten years' rigorous imprisonment and a fine of Rs. 20,000/ - each under Section 376(2)(g) IPC with default stipulation. Out of the fine amount so deposited by the accused - appellants, 60% of the same was directed to be paid to the victim. The accused Pramod was declared juvenile.

(3.) Filtering out the unnecessary details, the case of the prosecution in short compass is that the informant Ramesh Kumar has given a written report, Ext. Ka -1 at 11.30 a.m., to the police station Barhan, district Agra scribed by Suresh Chandra to the effect that his daughter, the victim aged 14 years had gone to Government Intermediate College, Barhan on 7.12.2009 where she was studying in Class -X. She used to come back home at 4.00 p.m., but on that date, she did not return. A hectic search was made, but she could not be traced out. An acquaintance of the informant Gulab Singh, PW 2, resident of Barhan told him that on Monday, he saw the accused Surendra, Narottam Singh, Neeraj, Rinku and Praveen all resident of Barhan and Triloki, resident of Nagla Maddey talking each other at Gobal crossing. The victim was also standing near them fearfully. When the informant went to their houses, they were not present. Their family members did not provide any information to him and rather started quarreling with him.