DOCTOR AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.07.2009 passed by the learned Additional Sessions Judge (Fast Track Court), Court No. 1, Mirzapur in Sessions Trial No. 372 of 2002 (State vs Doctor alias Vinod Kumar and others) arising out of Case Crime No. 135 of 2002, under sections 363, 366, 368, 376, 342 IPC, Police Station Vindhyachal, District Mirzapur, whereby the accused appellants Doctor alias Vinod Kumar and Collector alias Basant Lal have been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 5000/- each under section 376(2)(g) IPC. The accused appellants Doctor alias Vinod Kumar, Inspector alias Pramod Kumar, Brij Lal, Titil alias Jhallar, Ram Savari Devi and Amrit Lal have been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 5000/- each under sections 366, 368 IPC. Further, the accused Doctor alias Vinod Kumar, Inspector alias Pramod Kumar, Collector alias Basant Lal, Titil alias Jhallar and Heeravati Devi have been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 5000/- each under section 394 IPC. However, all the sentences were directed to run concurrently. In default of deposit of fine, accused shall further undergo two years' simple imprisonment each under sections 376(2)(g) and 394 IPC. In default of payment of fine under sections 366, 368 IPC, the accused shall further undergo imprisonment of one year each. All the accused except Heeravati Devi have been convicted and sentenced to six months' simple imprisonment under section 342 IPC. The period already undergone shall be adjusted while counting the period of sentence.

(2.) Filtering out the unnecessary details, the case of the prosecution is that the informant Salgam, son of Bilari has handed over a written report to the police station Vindhyachal, district Mirzapur scribed by Ramesh Kumar Singh, son of Jang Bahadur Singh to the effect that the informant is the resident of village Kalna Dubey, police station Vindhyachal. His daughter aged about 16 years has been enticed away by Doctor, son of Brij Lal Chamar, who resides in the same village at 2.00 p.m. when he and his wife were not at home. His younger daughter Manju was present at the house. The accused has also taken away Rs. 7,000/- and some ornaments, which he kept for the marriage of his daughter, the victim. In this incident, there was conspiracy of Brij Lal and Sanwariya Devi. They had the knowledge as to where Doctor has taken away his daughter, but they did not tell anything on his asking and even quarrelled. On the basis of the said written report, a case under sections 363, 366 IPC was registered on 22.5.2002 at case crime No. 135 of 2002 at police station Vindhyachal, district Mirzapur against the accused Doctor, Brij Lal, Pappu, Collector and Sanwariya Devi.

(3.) After registration of the case, the investigation of the case was entrusted to S.I., Vinod Kumar Sharma. He deposed that on 23.05.2002 he was In-Charge of police Chauki Gaipura. The investigation of case crime No. 135 of 2002 was conducted by him. First of all he copied the chik report in the case diary and recorded the statement of the chik writer. On the pointing of the informant, he inspected the spot and prepared site plan, which he proved as Ext. Ka-3. Thereafter, the investigation was transferred to S.I., D.N. Rai. PW-5, S.I., D.N. Rai, after the case was transferred to him, perused the earlier papers, recorded the statements of Smt. Kalui, Mathura and Phool Chandra. On 28.05.2002, he recovered the abductee and the accused. At the time of recovery, S.O., R.K. Singh was present. He prepared the recovery memo, which was also signed by this witness. After the recording of the statement of the victim, Sections 376, 342 and 368 IPC were also added. Thereafter, statements of accused Doctor alias Vinod, Brij Lal, Inspector alias Pramod, Amrit Lal, Titil alias Jhallar were recorded. Site plan of place of recovery was prepared and proved as Ext. Ka-6. On 29.05.2002, the medical report of the victim was copied in the case diary and the victim was handed over to her father and prepared the Supurdaginama, which was proved as Ext. Ka-7. On 01.06.2002, the statement of the victim was recorded under section 164 Cr.P.C. After completing the investigation, the charge sheet was submitted against the accused under sections 363, 366, 368, 342, 376 IPC, which he proved as Ext. Ka-8.