VIKAS @ SHERA Vs. STATE OF U P

JUDGEMENT

(1.) The present jail appeal has been preferred by the accused appellant Vikas @ Shera against the judgment and order dated 3.6.2013 passed by Additional Sessions Judge, Court No.2, Firozabad in Special Session Trial No. 65 of 2010 convicting and sentencing the appellant for the offence punishable under Section 376 I.P.C. to undergo seven years rigorous imprisonment and a fine of Rs. 5,000/-, for the offence punishable under Section 366 I.P.C. to undergo four years rigorous imprisonment and a fine of Rs. 3,000/-. All the sentences have been directed to run concurrently.

(2.) The facts of the case, as unfolded by the informant Virendra Kumar, father of the victim, are that the informant belongs to scheduled caste. His daughter aged about 15 years was studying in Class-IX. On 1.2.2010 at 10.00 a.m., as usual, she had gone to Chandra Prabhu Inter College for attending class. When she did not return in the evening, the informant made efforts to search her. Shiv Kumar son of Angan Lal and Malkan Singh son of Gopal Singh told the informant that her daughter was enticed away by Vikas @ Shera. It was also mentioned in the written report that Vikas @ Shera was residing as family members in the house of Balkaran @ Babloo who helped to the appellant in enticing away the victim.

(3.) On the basis of the written report (Ext. ka-3), chik First Information Report (Ext. Ka-6) was registered at Police Station concerned on 15.2.2010 at 14.15 hrs. mentioning all the details as had been described in Ext. Ka-.1. G.D. entry was also made at the same time. Investigation was started in the matter by the Investigating Officer. He interrogated the witnesses, reduced their statement in the case diary. He also inspected the place of occurrence and prepared site plan (Ext. ka-10). Victim was recovered and her statement under Section 164 CrPC (Ext. ka-2) was recorded on 14.5.2010. Recovery memo is Ext. ka-1). Victim was medically examined and medical report is Ext. ka-4. The doctor concerned advised for X-Ray report and taking the sample of vaginal smear sent the same for pathological report. A supplementary report prepared after the X-Ray and pathological report was received, which is Ext. ka-5. X-Ray plate and X-Ray report was also proved by the prosecution, which are on lower court record. After completing the investigation, charge-sheets (Ext. ka-8 and ka-9) against all the accused were filed. Concerned Magistrate took the cognizance. The case being exclusively triable by sessions court, was committed to the Court of sessions.