BHURE @ JUBER Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the Judgement and order dated 27.04.2016 passed by the Additional Sessions Judge, Court No. 13, Lucknow in Sessions Trial No. 5500005 of 2013, State vs. Bhure @ Juber and another, wherein the appellant has been convicted and sentenced to five years rigorous imprisonment and Rs. 5000/- as fine and in default three months additional imprisonment under section 363 I.P.C.

(2.) Facts giving rise to appeal in brief are that daughter of the first informant, Rahnuma, aged 13 years, went missing in the afternoon of 16.07.2013 from her home. The first informant lodged report of kidnapping against applicant and his friend Meraj, in this regard on 17.07.2013, which was registered as case crime No. 131 of 2013 under section 363, 366 I.P.C. at P.S. Jankipuram, Lucknow by submitting a Tehrir (written report) Ex-Ka-1. It was stated in the report that appellant and his friend enticed away the minor daughter of the complainant in the afternoon of 16.07.2013 at about 02:00 p.m. This report was under taken for investigation by P.w.-4 S.I. Devi Prasad Singh.

(3.) The prosecutrix namely Rahnuma was recovered on 17.09.2013 and was medically examined same day in Virangana Awanti Bai Hospital, Golaganj, Lucknow. In medical examination no any mark of external injury was found on her body, including private part.