HEMANT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 12.07.1996 passed by 4th Additional Sessions Judge, Sultanpur, in Sessions Trial No.3 of 1993- State vs. Hemant Kumar whereby and whereunder the accused appellant Hemant Kumar was found guilty under Sections 363, 366 and 376 IPC and was sentenced to undergo rigorous imprisonment for a period of two years, four years and four years respectively. All the sentences were directed to run concurrently.

(2.) Brief facts giving rise to filing of the present appeal are that in the night of 24/25.03.1992 at about 04.00 AM the accused appellant induced and enticed the daughter of the complainant to come out from her house and taken away and went to somewhere else. When in the morning, she was not traced out by the guardians then they inquired and it was informed by one Ram Sundar that he had seen Hemant Kumar with her daughter going towards Kandhaipur market. There they went to the house of Gopi who informed them that he had seen Hemant Kumar with the victim going towards Durgapur with a Jeep. After that the complainant by writing Ext. Ka-1 informed the police station and a case was registered under Sections 363 and 366 IPC. During investigation, the victim was recovered and she was produced before the concerned Magistrate for recording her statement under Section 164 Cr.P.C. and was given in the custody of her guardian. She was also produced before the Medical Officer for medical examination. After investigation, the Investigating Officer submitted charge sheet under Sections 363, 366 and 376 IPC against accused appellant Hemant Kumar. Learned Chief Judicial Magistrate took the cognizance and committed the case to the Court of Sessions where the accused was summoned and charges under the aforesaid sections were framed against him for which he pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case, PW-1 Sonpati, PW-2 the victim, PW-3 Dr. Sangh Mitra, PW-4 Smt. Sursati, PW-5 Ram Sundar Verma and PW-6 SI Daroga Singh were examined. In the statement under Section 313 Cr.P.C. the accused appellant had submitted that he has been falsely implicated in this case. He had further stated that the story as narrated by the prosecution is false. After assessment of the evidence of the witnesses available on record the trial court concluded the case and found that the accused appellant guilty for the offence under Sections 363, 366 and 376 IPC and sentenced as above. Aggrieved by the order, the appellant by filing this criminal appeal has submitted that:-