SHYAM VEER @ SHOMPAL Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dated 16.11.2015 passed by the learned Additional Sessions Judge/Fast Track Court, Rampur in ST No. 375 of 2010 (State Vs. Shaym Veer @ Shompal) arising out of the Crime No. 537 of 2010 under Sections 363, 366, 376 IPC PS Milak , District Rampur, whereby the accused was found guilty and sentenced to seven years' rigorous imprisonment and a fine of Rs.5,000/- under Section 376 IPC with default stipulation. However, he was acquitted for charges under Sections 363, 366 IPC.

(2.) Brief facts of the case are that one Anokhey Lal got lodged a written report at Tehsil Diwas before the Sub Divisional Magistrate, Milak stating that on 22.04.2010 at 12 o'clock in the day time his niece aged about 16 years was enticed away by the appellant. The victim and accused together entering the house of Shyam Veer (accused) were seen by Mahesh Kumar and Dharam Singh on 22.04.2010. On the same day at 4:00 PM Lalta Prasad, Shyama Charan and Rampal had seen Veer Pal taking away the victim and Shyam Veer on his bicycle. When the niece of the informant did not return home in the evening, the family members got worried. The witnesses told the family members about the occurrence, they went to the house of the accused whose family members did not give any satisfactory reply. The victim was searched but she could not be recovered. On 01.05.2010, a report is alleged to have been given at the Police Station. Since the accused started threatening, hence an application was moved at Tehsil Diwas before the Sub Divisional Magistrate, Milak. On the basis of this report, PW-4 SI Om Veer Gupta conducted the investigation. He copied the first information report in the Case Diary. On 06.05.2010 the victim was recovered from Bilaspur Bus Stand. Her statements were recorded. Affidavits and marriage certificate were handed over by the family members of the accused which were annexed with the Case Diary. The victim was sent for medical examination and ossification test. She was further sent to get her statement recorded under Section 164 Cr.P.C. The statements of witnesses were also recorded. Site-plan was prepared, which was proved by this witness as Ext. Ka-6. On 27.05.2010, statements of Lalta Prasad, Meera Devi, Rameshwar Dayal, Bandu Ram and Naubat Ram were recorded. The investigation ended into a charge sheet which is Ext. Ka-7. This witness proved the chik report as Ext. Ka-8 and copy of the GD as Ext. Ka-9. and the memo of recovery as Ext. Ka-10.

(3.) Surya Prakash Arya, PW-6 proved the Admission Register of the victim, which was exhibited as Ext. Ka-11. PW-7 Dr. R.K. Sharma, Radiologist conducted the ossification test on the victim and proved the report as Ext. Ka-14 and pathological report as Ext. Ka-15.