LAL KRISHNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 24.7.2015 passed by Additional Sessions Judge (Fast Track Court) Bulandshahr in S.T. No. 449 of 2012 (State v/s. Lal Krishna @ Kapoot @ Kapot) arising out of Crime No. 511 of 2011, under Ss. 363, 366 and 376 I.P.C., Police Station - Sikandrabad, District - Bulandshahr whereby the learned trial court found the accused -appellant guilty under Sec. 376 -D, 363 and 366 I.P.C. and sentenced the accused to 20 years rigorous imprisonment and find of Rs. 30,000/ -, under Sec. 376 -D as fine and sentenced the accused for 4 years imprisonment and a fine of Rs. 5,000/ - under Sec. 363 I.P.C. and further sentenced him to 6 years imprisonment and fine Rs. 5,000/ - under Sec. 366 I.P.C. with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that a report Exhibit Ka -2 was given by the informant Dashrath Prasad in writing stating that he is resident of village Veerkheda, Post -Chandekh, Tehsil -Sikandarabad, District - Bulandshahr His daughter is a student of Class 12 in Maghanand Inter College is aged about 16 years. On 14.9.2011 at 3:00 p.m. when the applicant came up to his house his daughter was missing from the house. When he searched around for his daughter she was not traceable. At this Surendra and Kalu told him that the victim was seen going with Shivam. Shivam had taken away the daughter of the informant. Renu being Shivam's sister used to come to the house of the informant because the victim and Ranu were friends. The victim had taken away five pairs of clothes, 35,000/ - rupees cash, a pair of gold ear -rings and a golden chain with her. On the basis of this report investigation was entrusted to S.I. Karmveer Singh on 15.9.2011. He copied the chick report and G.D. in the case diary. Copied the high school certificate of the victim in the case diary. He inspected the spot, prepared the site plan, which was proved as Exhibit Ka -7. Some hearsay evidence was also recorded by him.

(3.) On 16.9.2011, the statement of witnesses Kalu and Sunita was recorded in the case diary. On 17.9.2011, the statement of witness Mahaveer was recorded in the case diary. On 18.9.2011 the statement of Surendra Sharma was recorded. On 20.9.2011 a recovery memo relating to the victim was prepared and was proved as Exhibit Ka -8. On the same day the statement of the victim was recorded and she was sent for medical examination to the District Hospital. The statement of the victim was recorded under Sec. 161 Cr.P.C., in which the name of Lal Krishna, S/o Parsadi Lal came into light. After that the medical report and supplementary reports were copied in the case diary. The statement of the victim as recorded under Sec. 164 Cr.P.C., was perused. The victim was given in the custody of her parents. The Supardginama was proved by this witness as Exhibit Ka -9.