RAM NARESH Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in these appeals is the judgment and order dated 12.01.2009, passed by Additional Sessions Judge/F.T.C., Court No.4, Sitapur, in Sessions Trial No. 1137 of 2006 (State vs. Ram Naresh and others), arising out of Case Crime No. 220 of 2005, under Sections 363, 366 I.P.C., Police Station Maanpur, District Sitapur, whereby the accused Ram Naresh and Ram Pal were acquitted for the charge levelled under Section 366 I.P.C. but were found guilty for the charge levelled under Section 363 I.P.C. and sentenced for five years rigorous imprisonment along with fine of Rs. 5000/- with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that a first information report was lodged by the informant Lal Ji on 16.07.2005 stating that his grand daughter aged about 13 years who is student of class 6th was taken away by Ram Naresh and Ram Pal on 09.06.2005 at 2 O'clock in the day time. She was seen taken away by the witnesses Keshan and Mahboob Subrati. Till report was lodged, the victim could not be traced.

(3.) Pw-7 is Constable Balak Ram who scribed the chik on the basis of written report which was proved by this witness as Exhibit Ka-2. Copy of G.D. was proved by this witness as Exhibit Ka-3. Investigation of the case was entrusted to Naresh Chandra, S.I. PW-8 in whose presence the case was registered. He copied the chik and G.D. in the case diary, recorded the statements of chik writer and informant, inspected the spot at the pointing out of the informant which was proved by this witness as Exhibit Ka-5. He tried to trace the victim on 12.08.2005 but she could not be traced. On 26.08.2005, the statements of Ram Karan, Sudarshan Singh and Heera Lal were recorded. On 20.02.2006, the accused Ram Naresh was apprehended. On 07.03.2006, the statement of mother of the victim and other witnesses were recorded. On 23.03.2006, the accused Ram Pal surrendered before the court and his statement was recorded by the I.O. who submitted the charge sheet against the accused which was proved by this witness as Exhibit Ka-6. Besides these witnesses, the prosecution proceeded to examine the informant Lal Ji PW-1 who proved the written report as Exhibit Ka-1. PW-2 is the mother of the victim namely Nirmala. PW-3 is the victim. PW-4 is Keshan who is said to be an eye witness. PW-5 Jagdai is also said to be an eye witness. PW-6 is Satyendra Kumar who said about the age of the victim and proved the copy of school leaving certificate as Exhibit Ka-2 (wrongly numbered). PW-9 is Mahboob who is also said to be an eyewitness.