VISHNU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 28.11.1996 passed by Vth Additional Sessions Judge, Sitapur in ST No. 95 of 1991 (State versus Bhogai and others) arising out of Criminal Appeal No. 183 of 1988 under Section 363, 366, 368, 376 I.P.C., Police Station Hargaon-, District Sitapur whereby,the accused Vishnu was found guilty under Section 368 I.P.C and sentenced to five years rigorous imprisonment and Rs. 1000/- fine with default stipulation.

(2.) Brief facts of the case are that the informant Channu Lal lodged a written report stating that the co-accused Bhogai was residing in village Pakariya, Police Station Manpur for the last 6-7 years. The daughter of the informant namely Santosh Kumari, aged 14-15 years had taken the cattle for grazing about four months prior of lodging of the F.I.R. The daughter of the informant went from home when she did not returned. The informant tried to trace his daughter at which Channu and others told him that they had seen the victim going away with Bhogai. The informant came to know that the victim was at the house of Bhogai but due to fear he did not come to the house of Bhogai. Hence, report was lodged. Investigation was conducted in the matter which ended into a chargesheet.

(3.) The prosecution examined PW1 Channu Lal. The informant who proved the FIR as Ext. Ka-7 and the recovery memo as Ext. Ka-1. PW2 is victim. PW3 is Dr. R.K Srivastava who approved the X Ray report as Ext.K-4 and the X Ray Plate as material Ext.-3. PW4 is Constable Hari Shanker who scripted chic. Death proof as Ext.K-4 and the copy of the GD as Ext.Ka-5. PW5 is Dr. Tanveer Kidvai who medically examined the victim. She did not find any external or internal injury on the body of the informant. She proved the X Ray report and the medical report as Ext. K-8. PW6 is Ram Ashrey who is said to be the witness of facts.