MANOJ @ OJHA Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been preferred against the judgment and order dated 11.1.2016, passed by Additional Sessions Judge/F.T.C., Varanasi in S.T. No.502 of 2011, arising out of Case Crime No.132/2011 under Sections 363, 366 and 376 I.P.C., P.S. Chaubeypur, District-Varanasi, whereby the accused-appellant has been convicted and sentenced for the offences referred to above. For his conviction under Section 363 I.P.C., he has been sentenced for 3 years rigorous imprisonment and fine of Rs. 5000/-, under Section 366 I.P.C. he has been sentenced for 5 years rigorous imprisonment with fine of Rs. 5000/- and for his conviction under Section 376 I.P.C. he has been sentenced with 10 years rigorous imprisonment with fine of Rs. 10,000/- with default stipulations. Out of the total fine to be recovered, half of the amount was directed to be paid to the victim.

(2.) Heard Shri R.K.Singh, Advocate, appearing as an Amicus Curiae on behalf of the appellant, learned A.G.A., Shri Rajiv Sharma and Shri Rajiv Mishra on behalf of the State. Perused the record.

(3.) The prosecution case in brief is that on 18.4.2011, a written report (Exhibit Ka-1) was submitted before the Senior Superintendent of Police, Varanasi by the complainant, who is the father of the victim mentioning therein that accused Manoj who is the resident of the same village, is an exorcist. He enticed away his 12 years old daughter on 12.4.2011 at about 11 A.M. and took her to some unknown place. When his daughter did not return till late evening, he gave information at the Police Chowki-Chiraigaon. The daughter of the complainant returned on the next date i.e. on 13.4.2011 at about 7 A.M. She was appearing nervous and frightened. When the complainant asked her as to what happened with her, she started weeping. She did not tell anything either to the complaint or to the family members, but kept on weeping. From her appearance, the complainant apprehended that something wrong has happened to her. On 16.4.2011, when her condition became somewhat normal, she told that the accused Manoj had enticed her away with him. The complainant, immediately informed about this incident at the Police Chowki Chiraigaon, but when no action was taken by the police, he submitted a letter addressed to the Deputy Inspector General of Police on 18.4.2011, in the S.S.P. Office and under the orders of the S.S.P., the case was registered against the accused-appellant on 21.4.2011 at Crime No.132/11 under Sections 363 and 366 I.P.C.