KHANNOO Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen against the judgment and order dated 28.01.1999, passed by learned Additional Sessions Judge, Lucknow in S.T. No.566/1993, arising out of case crime no.16/92, police station Gosaiganj, District Lucknow whereby the accused-appellant Khannu was convicted and sentenced under section 366 IPC and sentenced for three years rigorous imprisonment, under section 376 IPC and sentenced for five years' rigorous imprisonment and under section 380 IPC and sentenced to four years rigorous imprisonment . All the sentences were directed to run concurrently.

(2.) According to the prosecution version a first information report was lodged by one Maula Bux PW-1, father of the prosecutrix, on 14.01.1992 stating that his minor daughter, aged about 15 years, was kidnapped by the accused Khannoo alongwith the jewellery of complainant, on 10.01.1992 at about 03:00 AM, with an intention to marry. Buddhu, son of Kamlapati had seen them, who informed the complainant immediately. Complainant alongwith Haneef Quraishi and Khaleel searched the victim as well as the accused but could not trace out them, then the FIR was lodged on 14.01.1992 at police station Gosaiganj, District Lucknow which was registered at case crime no.16/92, under section 363, 366 IPC. Investigation was handed over to S.I. S.W. Naqvi. During investigation victim was recovered on 21.01992 all alone. Rs.9400/- was also recovered by the police from the possession of the Raj Kumar Jaiswal alias Khaleel Ahmad, which was allegedly taken away by the victim. After investigation chargesheet was submitted against the accused appellant Khannoo, Sarvari, Raj Kumar Jaiswal and Smt. Kamrul Nisa. Accused Khannoo and Sarvari faced trial before the learned trial court as the co-accused namely Raj Kumar Jaiswal alias Khaleel Ahmad and Kamrul Nisa absconded and their trial was separated.

(3.) Accused-Appellant Khannoo was charged under section 376, 380, 363, 366 IPC while accused Sarvari was charged under section 363, 366 IPC, who denied the charges and claimed trial.