NIRMAL Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 8.7.2014 passed by Additional Sessions Judge, Court No. 2, Sitapur in S.T. No. 16 of 2012 (State Vs. Nirmal) arising out of Crime No. 55 of 2011, under Section 363, 366, 367 I.P.C. and Section 3(2)(v) SC/ST Act, Police Station-Khairabad, District-Sitapur, whereby the accused-appellant was found guilty and sentenced to 4 years' rigorous imprisonment and Rs. 3,000/- fine under Section 363 I.P.C., 5 years' rigorous imprisonment and Rs. 3,000/- fine under Section 366 I.P.C., 10 years' rigorous imprisonment and Rs. 5,000/- fine under Section 376 I.P.C. and 10 years' rigorous imprisonment and Rs. 5,000/- fine under Section 3(2)(v) SC/ST Act with default stipulation.

(2.) Brief facts as per prosecution evidence and the F.I.R. is that a report was lodged by the informant Tokhan Das on 13.2.2011 stating that his daughter aged about 16 years had gone to her school on 29.11.2010. When she was taken away by the accused. The informant tried to search his daughter, but she could not be searched, hence report was lodged.

(3.) On the basis of this F.I.R., chik report was scribed by Constable Suresh Pal, P.W. 5, who proved the chik report as Exhibit Ka-6. Details of the case were entered in the case diary by this witness, who proved the copy of the G.D. as Exhibit Ka-7.