PRADEEP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 31.01.2013 passed by the learned Additional Sessions Judge, Court No. 8, Kanpur Dehat in Sessions Trial No. 419 of 2009 (State of U.P. Vs Pradeep Kumar and another) arising out of Case Crime No. 191 of 2009, under sections 363, 366 IPC, police station Shivkali, district Kanpur Dehat, whereby the appellant Pradeep Kumar has been convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 1000/- each under sections 363, 366, 376 IPC with default stipulation.

(2.) Filtering out the unnecessary details, the prosecution case in brief is that a written report was given by the informant Sri Ram stating therein that he is the resident of village Dhakanpurwa, police station Shivkali, Kanpur Dehat. His daughter, who was studying in class 10 in Baghpur Vidyapeeth, was alone in the house. The accused Pradeep Kumar, brother-in-law (sala) of Narendra, son of Vijay Lal, resides in the same village. Accused Pradeep was residing at the house of Vijay Lal for about a year. On 26.05.2009 at about 10.00 a.m., the accused enticed away the victim. In enticing away of her daughter, Vijay Lal, Fauji Lal, who is brother-in-law of Vijay Lal, Pradeep Kumar and his mother Smt. Surja Devi were involved. Keshav and Shiv Balak have seen the accused with the victim outside the village. He has a suspicion that his daughter will be in Akbarpur. He made a hectic search of his daughter, but could not be traced out.

(3.) On the basis of written report, Ext. Ka-1, a case was registered at 1.30 PM on 02.06.2009 against accused persons Pradeep Kumar, Vijay Lal, Fauji Lal and Smt. Surja Devi under sections 363, 366 IPC. After the registration of the case, the investigation of the case was entrusted to S.I., Aditya Narain, who recorded the statement of the informant Sri Ram, inspected the spot and prepared the site plan, which was proved as Ext. Ka-8. On the next day, i.e. 03.06.2009, he recorded the statements of witnesses Manju, Shiv Balak and arrested the accused Pradeep Kumar and Vijai Lal and recorded their statements. He recovered the victim from their possession and prepared the recovery memo. He also took into possession the clothes, which the victim was wearing, which he proved as Ext. Ka-9 and Ka-10. On 04.06.2009, he recorded the statements of witnesses Rani and Sri Ram and prepared map of the place where the aforesaid items were taken into possession, Ext. Ka-11. On 09.06.2009 he copied the medical report and supplementary medical report. On 10.06.2009 after perusing the statement of the victim under section 164 Cr.P.C. he added section 376 IPC. On 13.06.2009, he arrested the accused-Fauji Lal and recorded his statement. After completing the investigation, on 20.06.2009 he submitted the charge sheet, which was proved as Ext. Ka-12.