SWAMI NATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 01.09.2011 passed by learned Additional District and Sessions Judge, Ex-Cadre, Shravasti in Sessions Trial No.41 of 2010, arising out of Case Crime No.139 of 2009, under Sections 363, 366, 365, 368, 376 IPC, Police Station Sirsiya, District Shravasti, whereby the trial court has convicted the appellant-accused namely, Swami Nath Yadav and sentenced him under Section 365 IPC for three years' simple imprisonment with fine of Rs.1,000/-, in default, he shall undergo thirty days' additional rigorous imprisonment, under Section 366 IPC for five years' simple imprisonment with fine of Rs.2,000/-, in default, he shall undergo two months additional rigorous imprisonment, under Section 368 IPC for three years simple imprisonment with fine of Rs.1,000/-, in default, he shall undergo thirty days' additional rigorous imprisonment and under Section 376 IPC for seven years' simple imprisonment with fine of Rs.5,000/-, in default, he shall undergo six months additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) In brief, the prosecution case is that the informant Ram Achhaibar lodged a written report on 18.02009 stating therein that on 11/102009 when he slept after having food along with his family members, his daughter aged about 14-15 years, who was sleeping alone in the ''varamda', was enticed away by the accused-appellant, which was witnessed by Prahlad, Kunware, Ram Lakhan. In the morning when he was searching for his daughter, the village people informed him about Swami Nath Yadav enticing his daughter away. His daughter has taken away Rs.10,000/- and jewelery along with her.

(3.) The first information report was lodged on 18.02.2009 at 18.25 hours under Sections 363, 366 IPC. On 20.05.2009, prosecutrix was recovered and recovery memo exhibit Ka-2 was prepared and she was medically examined. The case was investigated by Sub Inspector, Barsati Lal, who submitted charge-sheet exhibit Ka-5 under Sections 363, 365, 366, 368, 376 IPC after completing investigation. The charges were framed against the accused-appellant under the aforesaid Sections by the trial court to which the accused-appellant denied and claimed trial.