GAUTAM PASI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amar Singh, Amicus Curiae for the appellant as well as Sri Chandra Shakher Pandey, learned A. G. A. for the State.

(2.) Under assail in this appeal is the judgment and order dated 31.8.2013 passed by the Additional Sessions Judge, Court No.1, Hardoi in Sessions Trial No.948 of 2010 ( State v. Gautam Pasi ) under Section 364, 376 (cha), 302, 201 IPC arising out of Case Crime No.832 of 2010, P. S. Lonar, District-Hardoi whereby accused-appellant Gautam Pasi has been convicted for the offences u/s 364, 376 (cha), 302 and 201 IPC and sentenced to undergo imprisonment for life for offence u/s 302 IPC , imprisonment for 10 years each for offences u/s 364 and 376 (Cha) IPC and imprisonment for 7 years for the offence u/s 201 IPC and fine for each offences along with default stipulation. Being aggrieved by the aforesaid judgment and order, the instant appeal is before this Court.

(3.) The prosecution case as discernible from the FIR is as follows : On 13.8.2010 at about 8 pm, Gautam Pasi (accused-appellant) came to the house of informant/complainant and asked his daughter-victim (name not being disclosed) aged about 8 years, to take her to the house of Mahesh Pasi for watching C. D. When his daughter did not come back, the informant inquired about her in the vicinity and also to his relations, but could not find any clue. Accused-appellant, Gautam Pasi was also absconding from his house. The informant/complainant expressed suspicion on the accused-appellant about murder of his daughter. The FIR of the incident dated 13.8.2010 at about 8 pm was lodged with the police on 15.8.2010 at 23.10 hours.