PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 10.12.2015 passed by the learned Additional Sessions Judge/Fast Track Court, Aligarh in Sessions Trial No. 621 of 2008 (State vs Pappu and another) arising out of Case Crime No. 739 of 2007, under Sections 363, 366 and 376 IPC, Police Station-Quarsi, District Aligarh, whereby the accused appellant Pappu has been convicted and sentenced to three years' rigorous imprisonment and a fine of Rs. 3000/- under Section 363 IPC; five years' rigorous imprisonment and a fine of Rs. 5000/- under Section 366 IPC and five years' rigorous imprisonment and a fine of Rs. 5000/- under Section 376 IPC with default stipulation. Out of the fine amount so deposited, half of the same was directed to be paid to the victim.

(2.) Brief facts of the prosecution case are that a written report was given by the informant Saleem s/o Rahim Buksh, resident of Shahsabad, P.S. Quarsi, District Aligarh on 06.04.2007, which was addressed to the Station Officer, Quarsi mentioning therein that his daughter, the victim aged 14-15 years was enticed away by my neighbour Pappu s/o Nawab and Bablu s/o Alladeen on 27.03.2007. On his protest, her daughter was handed over to him by Gulfam s/o Laturi, Zabur w/o Gulfam, Jainuddin s/o Babu Khan and Sarun d/o Gulfam. On 02.04.2007 at about 2.00 PM, his daughter was taken away by Pappu and Bablu. Gulfam is the Phupha and Zainuddin is the uncle of Pappu. Pappu used to come to their house. They have got her daughter kidnapped either for the purpose of killing or for selling. Yunus and two-three other persons had seen the victim going on rickshaw.

(3.) On the basis of the aforesaid information, a case was registered against Pappu, Bablu, Gulfam and Zainuddin under Sections 363, 366 IPC.