AKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 30.06.2014 passed by Sri Abdul Mobin, the then Additional Sessions Judge, Court No. 16, Bulandshahr, in Sessions Trial No. 1285 of 2011 (State vs. Akash), registered as Case Crime No. 940 of 2011, under Sections 363, 366 and 376 I.P.C., P.S. Khurja Nagar, District Bulandshahr, whereby the accused Akash was found guilty under Sections 363, 366 and 376 I.P.C. and was sentenced to seven years rigorous imprisonment along with fine of Rs. 5000/- under Section 376 I.P.C., sentenced to four years rigorous imprisonment along with fine of Rs. 3000/- under Section 366 I.P.C. and sentenced to three years rigorous imprisonment along with fine of Rs. 2000/- under Section 363 I.P.C. with default stipulations.

(2.) The prosecution story in brief is that a report was lodged by the informant stating that on 01.10.2011 at 10:00 A.M., his minor daughter aged about 14 years was enticed away by Kalpana and Aasma. When he tried to trace his daughter, he could not find her. The wife of the informant went to trace his daughter at the house of Kalpana but she was not found there. Shahid and Chhand told him that they had seen the victim accompanied by Akash, Kalpana and Aasma going towards the bus stand but she could not traced, hence the report was lodged.

(3.) On the basis of this report, chick report was prepared. Constable Clerk Uma Shankar, PW-3 has proved the chick report as Exhibit Ka-2. This witness scribed the G.D. and proved its copy as Exhibit Ka-3. Dr. Hem Pratima, PW-4 has medically examined the victim. She did not find any internal or external injury on the body of the victim but she found the victim was pregnant of 20 weeks. This witness has proved the medical report as Exhibit Ka-4. She further proved the supplementary report as Exhibit Ka-5. The investigation of the matter was entrusted to PW-5, S.I. Gyaneshwar Bodh. He copied the first information report in the case diary, arrested the accused and recovered the victim on 03.10.2011. He prepared the recovery memo and proved it as Exhibit Ka-6. He copied the recovery memo in the case diary. After that he recorded the statements of the informant, the victim and the accused. On 07.10.2011, he received the medical report of the victim and copied it in the case diary. The statement of the victim was got recorded under Section 164 Cr.P.C. which was also copied in the case diary. The X-ray report, ultrasound report and age determining certificate were also obtained and copied in the case diary. After that the victim was handed over to her parents on 13.10.2011. The statement of Shahid and Chhand were recorded and charge sheet was submitted against the accused which was proved as Exhibit Ka-7