GUDDU Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 31.7.2014 passed by Additional Sessions Judge, Court No. 2, Bareilly in S.T. No. 231 of 2013 (State v/s. Guddu @ Rajeev & Others) arising out of Crime No. 1557 of 2012, under Ss. 363, 366 and 376 I.P.C., Police Station -Qila, District -Bareilly, whereby the accused Guddu @ Rajeev was found guilty and sentenced to 3 years rigorous imprisonment and Rs. 2,000/ - fine under Sec. 363 I.P.C.; and 5 years rigorous imprisonment and Rs. 3,000/ - fine under Sec. 366 I.P.C.; 7 years rigorous imprisonment and Rs. 10,000/ - fine under Sec. 376 I.P.C. with default stipulation. The accused Rajveer, Mohini Devi and Shiv Pal have been acquitted for the charges framed against them.

(2.) Filtering out unnecessary details, the case of the prosecution is that Guddu, Prem Pal and Mohini Devi on 11.9.2012 took away the victim at 2 O'clock in the day time and kidnapped her. The nephew of the informant namely Sunny aged about 3 years was also taken away by the kidnappers. The victim was seen by Janki Devi and her brother Radhey Shyam being taken away by the accused. The victim was searched, but could not be traced. All the three accused persons left Sunny on the road one day prior to the lodging of the F.I.R. Hence, the report was lodged.

(3.) On the basis of this F.I.R., Constable Babu Singh P.W. 6, scribed chik report, which was proved by this witness as Exhibit Ka -5. Details of the cases were written in the G.D. by this witness, who proved the copy of the G.D. as Exhibit Ka -6.