ARUN Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 18.11.2015 passed by the learned Additional Sessions Judge, Court No. 5, Muzaffarnagar in Sessions Trial No. 207 of 2009 (State of U.P. vs Arun and others), arising out of Case Crime No. 1531 of 2008, under Sections 363, 366, 376(2)(g) IPC, Police Station Khatauli, District Muzaffarnagar, whereby the accused-appellant Arun has been convicted and sentenced to five years' rigorous imprisonment and a fine of Rs. 30,000/- under Section 363 IPC; seven years' rigorous imprisonment and a fine of Rs. 30,000/- under Section 366 IPC and ten years' rigorous imprisonment and a fine of Rs. 40,000/- under Section 376 IPC with default stipulation. Out of the fine amount so deposited by the accused-appellant, 50% of the same was directed to be paid to the victim.

(2.) Brief facts of the prosecution case are that an application was moved by the informant Smt. Rajbiri on 15.09.2008 to the Superintendent of Police, Muzaffarnagar mentioning therein that on the intervening night of 13/14.09.2008, she was sleeping in her house along with her family. When she got up in the night to ease herself, her daughter, the victim aged about 14 years was not present on her cot. The informant searched for her daughter in the house, but she could not be traced out. The latches of the door was opened from inside. When in the morning, she was searching her daughter, Brijpal and Prahlad, who were resident of her village told her that at about 6:00 A.M., Arun son of Krishanpal, resident of village Anti, police station Khatauli, district Muzaffarnagar and the victim were going together towards jungle. When she went to the house of Arun to know his whereabouts, Krishanpal and Brahm Singh started beating her and after abusing, they pushed and threatened to her.

(3.) On the basis of aforesaid information, a case was registered against the accused-appellant Arun at Case Crime No. 1531 of 2008, under Section 363, 366, 376 IPC, Police Station Khatauli and the chik report was proved as Exhibit Ka-10, which was entered into the G.D. which was proved as Exhibit Ka-11.