VINOD KURMI Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 28.04.2011, passed by Additional Sessions Judge, Maharajganj, in Sessions Trial No. 163 of 2007 (State vs. Vinod Kurmi and another), registered as Case Crime No. 681 of 2007, under Sections 363, 366, 376, 506 I.P.C., Police Station Shyam Deorwa, District Maharajganj, whereby the accused Sunil was acquitted for the offences under Sections 363, 366, 376, 506 I.P.C. and the present accused appellant namely Vinod Kurmi was found guilty and sentenced for two years rigorous imprisonment along with fine of Rs. 2000/- under Section 363 I.P.C.; seven years rigorous imprisonment along with fine of Rs. 5000/- under Section 366 I.P.C.; ten years rigorous imprisonment along with fine of Rs. 10,000/- under Section 376 I.P.C. and two years rigorous imprisonment along with fine of Rs. 3000/- under Section 506 I.P.C. with default stipulation.

(2.) Prosecution case in brief is that one Ram Murat has lodged a written report on 28.08.2007 stating that he was resident of village Piparpati Tola, Samerhana, Police Station Shyam Deorwa, District Maharajganj. His daughter aged about 12 years, student of class Vth was kidnapped by the accused Vinod and Sunil on 01.08.2007 while she was going to attend the call of nature. After three days, the girl could not be traced. She was searched out at the house of the relatives but, could not be traced. On 03.08.2007, at about 05:00 A.M., the accused by pressing the mouth of the victim, taking her away through the fields when the witnesses Rajendra and Mithai spotted them. They fled away leaving the girl who narrated the incident to her father. She also told him that she was raped for three days by both the accused. The accused had also threatened to kill the informant, hence the first information report was lodged.

(3.) On the basis of aforesaid written report CP 572 Kalp Nath Prasad has scribed the chik report which was proved by this witness as Exhibit Ka-3 and also prepared the G.D. whose copy was proved as Exhibit Ka-4. Investigation of the matter was entrusted to S.I. Uma Shankar Yadav PW-9 who copied the chik and G.D. in the case diary. He recorded the statement of the informant Ram Murat, further recorded the statement of the victim at her house. Her clothes were taken into possession by the police. Seizure memo was prepared which was proved by this witness as Exhibit Ka-10. The place of incident was inspected at the pointing out of the victim and site plan was prepared which was proved as Exhibit Ka-11. The clothes of the victim was produced before the court and were exhibited as material exhibits 1, 2 and 3. He arrested the accused on 29.08.2007. On 30.08.2007, he recorded the statement of the witnesses Rajendra and the Mithai. After which the investigation was transferred to S.I. Jamuna Prasad Singh PW-8. He prepared the memo of handing over the victim to her parents which was proved as Exhibit Ka-8. The investigation was ended into a charge sheet which was proved by this witness as Exhibit Ka-9. Dr. Abha Gupta PW-6 has medically examined the victim. She proved the medical report as Exhibit Ka-5 and the radiological report as Exhibit Ka-6. She did not find any marks of injury on the body of the victim.