MAHENDRA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Since all the afore -captioned criminal appeals have been filed in the same case crime number, hence they are being decided by this common judgment.

(2.) Challenge in these appeals is to the judgment and order dated 18.10.2014 passed by the learned Additional District & Sessions Judge, Court No. 14, Jhansi in Sessions Trial No. 68 of 2012 (State v/s. Mahendra and another) and Sessions Trial No. 146 of 2013 (State v/s. Km. Lalita and others) arising out of Case Crime No. 246 of 2011, under Ss. 366, 376, 120 -B IPC, PS Garautha, District Jhansi, whereby the accused Mahendra, Ram Baharosey, Pappu alias Chaturbhuj, Guddi Kachi alias Ram Charan, Munna Kachi alias Jai Ram and Madhur have been convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 5000/ - each under Sec. 376(g) IPC; five years' rigorous imprisonment and a fine of Rs. 2000/ - each under Sec. 366 IPC with default stipulation. Accused Lalita has been convicted and sentenced to three years' simple imprisonment and a fine of Rs. 2000/ - under Sec. 366 IPC with default stipulation.

(3.) Filtering out unnecessary details, the prosecution case is that a written report was lodged by the informant Om Prakash stating that he is the resident of village Mathaniya, police station Garautha, district Jhansi. On 05.10.2011 at 8.00 p.m., the victim and her mother was alone in the house. The informant had gone with a tractor to do work. At that time, a girl from same village, namely, Lalita, daughter of Matadeen came to the house of the informant and called the victim to accompany her to attend the call of nature. As soon as the victim came out of the house to attend the call of nature, the accused Mahendra and Ram Bharose accompanied with four unknown persons at the point of country made pistol kidnapped the victim and took her away on motorcycle. When the informant returned, his wife and villagers told him about the occurrence, but since it was late night, due to fear, he did not go to lodge the report. On 06.10.2011 at 7.00 a.m., a phone call was received from mobile No. 8400042844 that the aforesaid persons had detained the victim, hence the report was lodged.