JHHAU Vs. STATE

JUDGEMENT

(1.) This criminal appeal, under Section 374 (2) of Code of Criminal Procedure 1973 (hereinafter referred to as 'Cr.P.C.), has been presented by accused-appellant sent through Senior Superintendent of Jail, Central Jail, Bareilly, under Section 383 Cr.P.C., against the judgment of conviction and sentence made therein, by Additional Sessions Judge, Court No. 2, Shahjahanpur in Sessions Trial No. 475 of 2005, related with Case Crime No. C/13/2004 under Sections 363, 366 and 376 IPC read with Section 3 (2) (V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act 1989'), Police Station Kanth, dated 26.02.2008, wherein convict appellant Jhhau has been sentenced to imprisonment of three years rigorous punishment with fine of Rs. one thousand, and in default, additional imprisonment of one year for offence punishable under Section 363 IPC; rigorous imprisonment of five years with a fine of Rs. two thousand and in default another imprisonment of two months for offence under Section 366 IPC; rigorous imprisonment of ten years with a fine of Rs. five thousands and in default additional imprisonment of three months for offence under Section 376 IPC, and life imprisonment with a fine of Rs. five thousand and in default, additional imprisonment of three months for offence punishable under Section 3 (2) (V) of SC/ST Act, 1986 with a direction for concurrent running of the sentences and adjustment of previous imprisonment, if any, in this case crime number.

(2.) In brief, record of Trial Court reveals that an application under Section 156 (3) of Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') was filed by Sri Krishna, son of Ram Dulare, resident of village Ladpur, Police Station Kanth District Shahjahanpur, against Jhhau son of Bhoop Singh and Umesh son of Swaran Singh resident of village Ladpur, Police Station Kanth District Shahjahanpur, in the Court of Chief Judicial Magistrate, Shahjahanpur, on 25.12.2004, alleging that complainant's daughter Ramgita, aged about thirteen years, was a student of Junior High School, Kamalnainpur. On 24th November, at about 9:00 a.m., she had gone to her school, but it was found to be closed on that date. While she was on way to her home, Jhhau son of Bhoop Singh and Umesh Singh son of Swaran Singh, resident of same village Ladpur, met with her, just before the village. They enticed her and took away with them. She was being searched by complainant and an application for registering a case was presented before police station. Police, however, only assured of her recovery but no report was registered. An application dated 07.12.2004 was presented before Superintendent of Police, Shahjahanpur but in vain. The complainant is Scheduled Caste 'Harijan' whereas those named accused persons are upper class 'Thakurs' enjoying muscle power. Om Prakash son of Mohan Lal, resident of village Kamalnainpur and Guddu son of Majid, resident of Town and Police Station Kanth, witnessed the accused persons while taking Ramgita with them. Hence, it was prayed in the application that a case be registered for offences punishable under Sections 363/366 of IPC read with offences under SC/ST Act, 1986 and investigation be made.

(3.) Chief Judicial Magistrate, Shahjahanpur vide order dated 16.12.2004, directed S.O. Kanth for registration of case and investigation thereof. In compliance, Case Crime No. C/13/2004 under Section 3 (1) (XII) of SC/ST of Act, 1986 was registered at P.S. Kanth on 25.12.2004 at 19:10 p.m. against accused-Jhhau and Umesh. After investigation, charge-sheet dated 28.01.2018 against accused-Jhhau and Umesh was filed in Court for offences punishable under Section 363/366 and 376 IPC read with Section 3 (2) (V) and 3 (1) (XII) of SC/ST Act, 1986. Chief Judicial Magistrate took cognizance on 03.03.2005. Vide order dated 18.01.2005, accused-Umesh had been held juvenile hence his case was separated and sent to Juvenile Justice Board for trial.