RAMJI TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal is preferred against the judgment and order dated 26.10.2005 passed by the Additional Sessions Judge, Fast Track Court, in Sessions Trial No. 02/2003 arising out of Case Crime No. 135/2002 under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (hereinafter 'IPC').

(2.) The complainant, Ram Naresh on 8th of June 2002 gave a written complaint (Ex. Ka 1) at the police station alleging that his daughter, aged about 13 years (Prosecutrix) had been enticed away by Nankau Prasad Tiwari, s/o Ayodhyanath Tiwari and Mrs. Mayadevi w/o Nankua, on 25.04.2002. She was seen in the company of these two persons by Shri Gopal, r/o Kolhua, and Doctor @ Jagdamba Prasad, r/o Gaudpurva, P.S. Bhinga, District Shrawasti. He said in the complaint that he had been trying to locate her and on 6th June 2002, he came to know that his daughter had been kept by one Amrika Prasad Mishra, r/o Village Kaudha Jagad, P.S. Kattara (Bazaar), District Kolhua, and this fact was told to him by Omkar Nath, Chedan Tiwari and Santosh residents of the same village. It was further said that these people informed the complainant that his daughter was shifted from the house of Amrika Prasad to another place and they had seen his daughter clearly.

(3.) On the basis of the aforesaid complaint, FIR at Case Crime No. 135/2002 was registered under section 363/366 IPC at P.S. Kotwali (Rural) (Exh. Ka- 5). The Accused/Appellant Ramjit was arrested on 15.06.2002 in the presence of Ramchandra and the Complainant, Ram Naresh. The prosecutrix was recovered and recovery memo (Exh.Ka-2) was prepared. The medical examination of the prosecutrix was conducted, and medical reports were prepared (Exhs. Ka-3 and Ka-4). The Investigating Officer (IO) got recorded the statement of the Prosecutrix under Section 164 Cr.P.C. (Exh. Ka 11). After completing the investigation, the IO submitted charge-sheet (Exh. Ka-9) against Ramjit, Smt. Mayadevi, Nankau and Shambunath.