DINESH KUMAR MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the Judgment and order dated 30.4.2014 passed by the learned Additional Sessions Judge, Court No. 6/Special Judge(POCSO Act), Basti passed in Special Sessions Trial No. 16 of 2013 (State v/s. Dhananjai Singh and others) arising out of Crime No. 392 of 2013 under Ss. 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station Gaur, District Basti whereby the accused Dhananjai was acquitted of all the charges levelled against him whereas the appellant Dinesh Kumar Maurya was found guilty for the offences punishable under Ss. 363, 366, 376(1) , 506 I.P.C. and Sec. 4 POCSO Act and was convicted and sentenced to 10 years rigorous imprisonment and Rs. 20,000/ - fine under Sec. 376(1) I.P.C.; three years rigorous imprisonment and Rs. 3,000/ - fine under Sec. 363 I.P.C.; five years rigorous imprisonment and Rs. 5,000/ - fine under Sec. 366 I.P.C.; one year rigorous imprisonment and Rs. 1,000/ - fine under Sec. 506 I.P.C. and ten years rigorous imprisonment and Rs. 16,000/ - fine under Sec. 4 POCSO Act with default stipulation. Out of the fine recovered, Rs. 25,000/ - were directed to be paid to the victim.

(2.) Filtering out unnecessary details, the prosecution case is that the informant Amar Singh presented a written report to the S.O., Gaur, District Basti on 24.7.2013 stating that his daughter was enticed away on 21.7.2013 by Dhananjai Singh and Dinesh. On the information of the informer that his daughter will be taken away elsewhere from Gonda, he accompanied by his pattidars went to Gonda bus -stand where he saw his daughter with Dinesh, who was caught by these people on the bus -stand. The victim was aged 14 years.

(3.) Investigation of the matter was entrusted to P.W.9 S.I. Ram Nagina Prasad on 24.7.2013. On 25.7.2013, he copied the written report in the case diary and recorded statements of Constable Ram Lal, Ram Lal Kureel, informant Amar Singh, victim and the statement of the accused Dinesh Kumar Maurya. On 28.7.2013, he copied the medical report of the victim in the case diary and recorded the statement of Sant Prakash Singh. On 29.7.2013, he copied the statement of the victim recorded under Sec. 164 Cr.P.C. On 30.7.2013, accused Dhananjai Singh was arrested and his statement was recorded. On 1.8.2013, Sec. 6 of the POCSO Act was added in the matter. On 4.8.2013, he recorded the statement of witnesses Harish Chandra Singh and Ajay Singh. On 9.8.2013, the statement of Indra Sen was recorded. The investigation ended into a charge sheet which was proved by this witness as Ext. Ka -6.