SHASHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both the afore-captioned criminal appeals have been filed against the judgment and order dated 08.07.2015 passed by the learned Additional District & Sessions Judge (Fast Track Court), Mathura in Sessions Trial No. 648 of 2010 (State vs Shashi and others), hence they are being decided by this common order.

(2.) Challenge in these appeals is to the judgment and order dated 08.07.2015 passed by the learned Additional District & Sessions Judge (Fast Track Court), Mathura in Sessions Trial No. 648 of 2010 (State vs Shashi and others) arising out of Case Crime No. 126 of 2010, under sections 363, 366, 376 IPC, Police Station Farah, District Mathura whereby the accused appellants Shashi and Haresh have been convicted and sentenced to six years' rigorous imprisonment and a fine of Rs. 2000/- each under section 366 IPC and ten years' rigorous imprisonment and a fine of Rs. 5000/- each under section 376(2)(g) IPC with default stipulation. Out of the fine amount so deposited by the appellants, half of the same was directed to be paid to the victim.

(3.) Filtering out the unnecessary details, the prosecution case is that on 23.04.2010, informant Gajraj Singh has given a written report stating that he is the resident of village Daulatpur, police station Baldev. In the morning of 15.04.2010, his daughter, the victim aged about 15 years went to attend the call of nature, when she did not return back for sometimes, his wife told him that the victim had gone to attend the call of nature, but she did not return. Then he started searching his daughter. On the way, he met Pappu son of Heera lal and Deep Chand, son of Bhuri Singh, who told him that at 6.00 a.m.,the victim was going with Shashi, son of Soran Pandit and Haresh, son of Pratap Singh, resident of police station Jhudawai on motorcycle. On this information, he along with Banwari, Purshottam, Rohan Singh and Satyaveer went to village Jhudawai and had a talk with Niranjan, uncle of Haresh, Maya, mother of Haresh and Chhotalli, brother of Shashi, who gave assurance that they shall make endeavour to get the victim returned. When he was searching his daughter, he came to know that Shashi along with Haresh had come to village after taking the motorcycle of his brother-in-law, who is the resident of Chhadgaon. He went to Chhadgaon, where Haresh and Shashi and the victim were present at the house of Shashi's brother-in-law. They reprimanded him. Shashi's brother-in-law told him that he will not handover the victim to him.