MAHENDRA 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. 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. Mahendra and Another) and Sessions Trial No. 146 of 2013 (State v. Km. Lalita and Others) arising out of Case Crime No. 246 of 2011, under sections 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 section 376(g) IPC; five years' rigorous imprisonment and a fine of Rs. 2000/- each under section 366 IPC with default stipulation. Accused Lalita has been convicted and sentenced to three years' simple imprisonment and a fine of Rs. 2000/- under section 366 IPC with default stipulation.

(2.) 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 5.10.2011 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 6.10.2011 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.

(3.) On the basis of this report, chik report was prepared and case was registered by Constable 3473, Rakesh Kumar Pundir, PW-6 at Case Crime No. 246 of 2011. He proved the chik report as Ext. ka-12 and the copy of G.D. as Ext. Ka-13. Further investigation was entrusted to PW-7, S.I., Ashok Kumar. He recorded the statement of witnesses Ashok Kumar and Vijay Kumar on 30.12.2011 and submitted the charge sheet, which was proved by this witness as Ext. Ka-4. He further recorded the statement of Dr. Pushplata Verma. He recorded the statement of the victim and sent three bundles for examination to the forensic lab. He proved the relevant proforma as Ext. Ka-5. Initial investigation was conducted by S.I. Lal Mani Saroj, PW-5, who had given the marksheet of the victim. On the pointing out of the informant, he inspected the spot and prepared the site plan, which was proved as Ext. Ka-7. He further proved the recovery memo by virtue of which the clothes of the victim and accused Mahendra and Ram Bharose were taken into possession, which were proved as Ext. Ka-8 to Ka-10. After statement of the victim, section 376 IPC was added. He proved the site plan as Ext. ka-11 from where the victim was recovered.