MUKESH Vs. STATE OF U P

JUDGEMENT

(1.) THE accused-appellant Mukesh has filed this appeal against the judgment and order dated 28.11.2006, passed by Sri Subodh Kumar then Special Judge, S.C./S.T. Act, Meerut in S.T. No. 1347 of 1995, State v. Mukesh.

(2.) THE prosecution case starts with a F.I.R. lodged by Smt. Durgesh wife of Preetam Singh Harizan resident of mohalla Rajiv Gandi Nagar, Meerut at Police Station, Medical, Meerut on 25.12.1994 at 9.40 a.m. It is stated therein that the accused-appellant Mukesh son of Moolchand Rajpoot resident of Prabhat Nagar near Kali Mandir, P. S. Civil Lines, district Meerut used to visit her house, and on 24.12.1994 the accused kidnapped her daughter Mukesh alias Ladi aged about 14 years and Boby aged about 15 years who is daughter of her neighbour Mahesh Chauhan. He had kidnapped both these girls at about 5.00 p.m., and witnesses Shiv Singh and Peetam Singh had seen the accused Mukesh taking both these girls towards Victoria Park through Jail Chauraha.

(3.) THE police, after completion of investigation submitted a charge-sheet against the accused under Sections 363, 366 and 376, I.P.C. and under Section 3 (1) (xii) of S.C./S.T. Act. THE accused was charged under Sections 363, 366 and 376, I.P.C. and also under Section 3 (2) (v), S.C./S.T. Act. THE accused pleaded not guilty, and the trial court, after hearing of the case, reached the conclusion that the charges under Section 366/376, I.P.C. and Section 3 (2) (v), S.C./S.T. Act were sufficiently proved against the accused. He therefore, convicted the accused for these offences and sentenced him to 8 years R.I. and to fine of Rs. 5,000 under Section 366, I.P.C. to a sentence of 10 years R.I. and fine of Rs. 5,000 under Section 376, I.P.C. and to life imprisonment and fine of Rs. 5,000 under Section 3 (2) (v) of the S.C./S.T. Act. It was further provided that in case of default in payment of fine the accused shall have to undergo simple imprisonment of one year for each charge. It was further observed that the period already spent by the accused in jail shall be adjusted towards the sentence. Aggrieved with the above judgment and order the accused filed this appeal.