VIJAI Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant from jail against the judgment and conviction dated 15.4.2011 passed by Additional Session Judge, Court No.2, Pilibhit in S.T. No.387 of 2007 (State of U.P. vs. Vijay) arising out of Case Crime No.344 of 2007, under Sections 363, 366, 376/511 I.P.C., Police station Jahanabad, District Pilibhit whereby the appellant was convicted under Section 363 I.P.C. for 3 years rigorous imprisonment alongwith fine of Rs.2000/- and in case of none payment of fine, he will have to suffer further one month additional simple imprisonment and under Section 366 I.P.C. for 5 years rigorous imprisonment alongwith fine of Rs.5000/- and in case of none payment of fine, he will have to suffer further two months additional simple imprisonment, whereas the appellant was acquitted under Section 376 read with Section 511 I.P.C.

(2.) Brief facts of the case are as follows:

(3.) An FIR was lodged on 28.4.2007 by the complainant Munna Lal for the incident dated 24.4.2007 narrating the incident that appellant Vijay enticed away her minor daughter Reena aged about 16 years and this incident is being seen by his daughter Beena. During the investigation after one month and six days of the incident, the prosecutrix Reena was recovered and her statement was also recorded under Section 164 Cr.P.C. After finding sufficient evidence against the appellant, charge sheet under Sections 363, 366 and 376 read with Section 511 I.P.C. was submitted. During the trial, the statements of PW-1 Munna Lal and PW-2 prosecutrix Reena were recorded, whereas rest of the witnesses, namely, PW-3 constable Dayaram and PW-4 Station Officer Ganga Ram were also recorded. Statement under Section 313 was also recorded in which it is stated by the appellant that he is being implicated falsely due to enmity.