SUNIL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 15.09.2015 passed by the learned Additional District and Sessions Judge, Fast Track Court, Pilibhit in ST No. 553 of 2011 (State Vs. Sunil Kumar), arising out of Crime No. 443 of 2011 under Sections 363, 366, 376, 504 IPC, Police Station Kotwali, District Pilibhit, whereby the accused appellant was found guilty and sentenced to five years' rigorous imprisonment and Rs.5,000/- fine under Section 363 IPC; seven years' rigorous imprisonment and Rs.7,000/- fine under Section 366 IPC and 10 years' rigorous imprisonment and fine of Rs.10,000/- under Section 376 IPC with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that the daughter of the informant was taken away by accused appellant Sunil on 28.03.2011 at 5:00 AM. The informant tried to trace his daughter but she could not be traced. When the informant went to the house of accused Sunil Kumar and complained about this matter, his father abused him and resorted to kill him. He also threatened him. On these allegations the report was lodged.

(3.) On the basis of this written report Constable Jawahar Ram, PW-4 scribed the chik report which was proved by this witness as Ext. Ka-5. He has also entered the details of the incident in GD, copy of which was proved as Ext. Ka-5 by this witness. Dr. Smt. Santosh Rana, PW-5 who medically examined the victim. She did not find any marks of injury on the internal or external body of the victim. She proved the medical report as Ext. Ka-6 and the supplementary report as Ext. Ka-7.