IQBAL @ BIRAI Vs. STATE OF U P

JUDGEMENT

(1.) The instant criminal appeal under Section 374 (2) Cr.P.C. is directed against the judgment and order dated 05.10.2001 passed by the Second Additional Sessions Judge, Sultanpur in Sessions Trial No. 340 of 1994 under Sections 363 and 376 of the Indian Penal Code, Police Station Gauri Ganj, District Sultanpur whereby accused Iqbal @ Birai has been convicted and sentenced to undergo rigorous imprisonment for a period of three years along with fine of Rs. 5000/- under Section 363 of the I.P.C.; to undergo rigorous imprisonment for a period of seven years along with fine of Rs. 5000/- under Section 376 of the I.P.C. with default stipulation.

(2.) In brief, the prosecution case is that complainant Vasdev Tiwari, father of (Prosecutrix) had given a Tahriri report to the Police Station, Gauriganj to this effect that on 004.1993 her daughter, who was a student of Class-10, went to appear in examination at Shri Rananjaya Inter College, Gauriganj. At that time, her minor daughter was enticed away by the accused appellant. Ramesh Singh and Tribhuvan Nath Tiwari were the eye-witnesses as the duo were present at the time of incident. Complainant Vasdev Tiwari has stated in his statement that he tried his best in order to find his daughter but the same became futile. On the basis of Tahriri report, the First Information Report was registered bearing case Crime No. 252 of 1993 under Sections 363 and 366 of the Indian Penal Code at the Police Station Gauriganj, District Sultanpur.

(3.) Thereafter, Investigating Officer had initiated the investigation. In the due course of investigation, abductee prosecutrix had been recovered on 104.1993 at about 18.30 from the Railway Station of Gauriganj with the accused appellant, who managed to escape from the spot.