RAVI PRAKASH TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) As both these appeals arise out of the same impugned judgment and order dated 03.3.2006, passed by learned Additional District and Sessions Judge, Fast Track Court No. 3, Basti in S.T. No. 277/2004, State Vs. Ravi Prakash Tiwari and others, under Sections 363/366 I.P.C. P.S.-Kotwali, District-Basti, convicting and sentencing the appellants for three years rigorous imprisonment under Sec. 363 I.P.C. with a fine of Rs. 1000.00 imposed on each and in default, further one month's simple imprisonment and for their conviction under Sections 366 I.P.C., for 5 years rigorous imprisonment with a fine of Rs. 1000.00, on each with default imprisonment of one month, both are being disposed of by this common judgment.

(2.) Heard learned Amicus Curaie, Sri Shamsher Bahadur Maurya, Advocate, appearing on behalf of the appellants and the learned A.G.A. Sri Shanti Prakash Patel. Perused the record.

(3.) The prosecution case in brief is that on 09.5.2004, a typed report was lodged by one Nirmala Devi against three named and one unknown accused with the allegations that on 22.4.2004, at about 3 P.M., her daughter 'Durgawati' had gone towards Awas Vikas Colony to attend the natural call, but she did not return. Her mother/complainant made extensive search, but in vain. In the F.I.R. it was also mentioned that on the same date i.e. 22.4.2004 at about 7 P.M. her cousin brother Atul Kumar Tiwari informed that he had seen her daughter going in a tempo with accused Budhai @ Sanjay, Ram Surat @ Shesh Nag, Pingal @ Ferai and one unknown tempo driver. It was also stated in the F.I.R. that the complainant immediately went to the Police Station to lodge the F.I.R., but the F.I.R. was not lodged at that time due to her poverty.