KRANTIKARI @ HANKARI Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order dated 22.09.2015 passed by Fast Track Court/learned Additional Sessions Judge, Azamgarh on 22.09.2015 in ST No. 331 of 2007 (State Vs. Krantikari @ Hankari) arising out of Crime No. 566 of 2006, under Sections 363, 366, 376 IPC, Police Station Gambhirpur, District Azamgarh, whereby accused appellant was found guilty and sentenced under Section 376 IPC to undergo seven years' rigorous imprisonment and fine of Rs.5,000/-; three years' rigorous imprisonment and fine of Rs.1,000/- under Section 363 IPC and five years' rigorous imprisonment and fine of Rs.2,000/- under Section 366 IPC with default stipulation.

(2.) Brief facts of the case are that on 17.06.2006 the informant Nand Lal got lodged a written report at police station Gambhirpur, District Azamgarh stating that he is resident of village Basiraha, PS Gambhirpur, Azamgarh. His daughter aged about 14 years has been enticed away by accused appellant Krantikari aged 22 years on 31.05.2006 at 7:00 PM who was seen by Mohit and Jai Ram. The informant was tracing his daughter but she could not be traced, hence he got lodged the first information report. On the basis of this first information report, a case at Crime No. 566 of 2006 was registered and investigation was entrusted to PW-7 retired Inspector Vyas Tiwari. He recorded the statement of chik writer, copied the chik report in the case diary, on 19.06.2006 he recorded the statement of accused and victim. He further recorded statements of eye witness Jai Ram. The victim was sent for medical examination, which report was copied in the case diary. The victim was sent for recording her statement under Section 164 Cr.P.C. She was given in Supurdagi of her father. Investigation ended into a charge sheet which was proved by this witness as Ext. Ka-9. This witness further inspected the spot and proved the site plan as Ext. Ka-10.

(3.) The prosecution examined as many as seven witnesses in the case. PW-1 is Nand Lal, the informant who proved the written report as Ext. Ka-1. PW-2 is the victim. PW-3 is Jai Ram who is said to have seen accused taking away the victim. PW-4 is doctor K.N. Pandey who conducted ossification test on the victim and proved his report as Ext. Ka-4. Head Constable Gajraj Yadav PW-5 scribed the chik report and GD which were proved as Ext. Ka-5 and Ka-6 respectively. PW-6 is doctor ZMH Aga who prepared the medical report and the supplementary report which were proved as Ext. Ka-7 and Ext. Ka-8. The statement of PW-7 has been discussed by me.