MANOJ Vs. STATE OF U.P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 10.09.2015 passed Jamshaid Ali, Additional Sessions Judge (Fast Track Court), Aligarh in S.T. No. 652 of 2010 (State Vs. Ajay and others) arising out of Crime No. 286 of 2009, under Ss. 363, 366 and 376 I.P.C., Police Station -Gabhana, District -Aligarh, whereby the accused Ajay was acquitted against the charges levelled against him, whereas accused Manoj was also acquitted for the charges under Sec. 363 I.P.C. The accused was found guilty and convicted under Ss. 366 and 376 I.P.C., he was sentenced to five years rigorous imprisonment and fine of Rs. 5,000/ - under Sec. 366 I.P.C., seven years rigorous imprisonment and fine of Rs. 5,000/ - under Sec. 376 I.P.C. with default stipulation.

(2.) Facts as per the prosecution case are that the informant Veerpal Singh had lodged a written report on 27.8.2009 stating that on 7.7.2009 his daughter aged about 14 years was taken by Mamta, but she did not return. On 10.7.2009 he lodged missing report at Police Station -Gabhana. On 26.8.2009 he came to know that his daughter was living with Manoj in Village -Tilothi, Police Station -Shamli, District -Mahamaya Nagar. He went with his relatives and brought back his daughter, who told him that the daughter of Ramesh namely Mamta and Manoj had enticed her away.

(3.) P.W. 4 is Constable 929 Devendra Kumar who prepared the chick report on the basis of written report, which was proved as Exhibit Ka -5. He further scribed the G.D. and proved its copy as Exhibit K -6.