ANIKET @ SHOSE KANAUJIYA Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 21.07.2015 passed by the learned Additional Sessions Judge/Fast Track Court, Varanasi in Sessions Trial No. 480 of 2013 (State of U.P. vs Aniket alias Shose) arising out of Case Crime No. 130 of 2013, under Sections 363, 366, 376 IPC, Police Station- Sarnath, District- Varanasi, whereby the accused-appellant has been convicted and sentenced to three years' rigorous imprisonment and a fine of Rs. 5000/- under Section 363 IPC; five years' rigorous imprisonment and a fine of Rs. 10,000/- under Section 366 IPC and seven years' rigorous imprisonment and a fine of Rs. 20,000/- under Section 376 IPC with default stipulation. Out of the fine amount so deposited by the accused-appellant, half of the same was directed to be paid to the victim.

(2.) In short compass, the facts of the case are that on 01.06.2013 a written application was given by the informant Manau Kanaujia, resident of Village Daniyalpur, District Varanasi at the Police Station- Sarnath, District- Vanarasi, to the effect that the daughter of the informant, aged about 14 years had gone to fetch certain articles on 30.4.2013 at 9.30 AM and when for sometime, she did not return back, then the informant along with his other family members started to make search for his daughter. During search, he came to know from certain persons that the victim was taken away by Aniket alias Shose Kanaujia(accused), resident of Daniyalpur, Police Station- Sarnath, District- Varanasi. When he went to the house of Shose(accused), it was learnt that Shose was also not at home. After hectic search, neither the victim nor the Shose could be traced.

(3.) On the basis of the aforesaid report, a chik report was prepared, which was entered into general diary and proved as Exhibit ka-5.