SANJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 01.5.2015 passed by Additional District and Sessions Judge, Fast Track Court, District Saharanpur in Sessions Trial No. 205 of 2013, arising out of Case Crime No. 272 of 2012 (State of U.P. Vs. Sanjay), whereby learned court below has convicted and sentenced the accused-appellant for the offence under Section 363 IPC, for three years rigorous imprisonment and fine of Rs.10,000/- and in default, three months additional imprisonment, for the offence under section 366 IPC, four years rigorous imprisonment and fine of Rs.10,000/- and in default, three months additional imprisonment and for the offence under section 376 IPC, seven years rigorous imprisonment and fine of Rs.30,000/- and in default, nine months additional imprisonment. All the sentences have been directed to run concurrently and the undergone period has been directed to be adjusted in the sentence. It has been further directed by the court below to give Rs.50,000/- as compensation to the victim.

(2.) The brief prosecution story is that on 07.10.2012 in the night, the daughter of informant aged about 14 years was enticed away by the accused-appellant who lived in the neighborhood of victim. While they were going, they were seen by Noor Hasan and Kasim. In the kidnapping of victim, the family members of accused appellant, Mangat, Smt. Reena, Menkumar, Smt. Shakuntala have also assisted the accused-appellant. On the written report filed by informant, a case was registered against accused-appellant for the offence under Sections 363, 366 IPC. The case was investigated. The victim was recovered and her statement under section 164 Cr.P.C. was recorded before the Magistrate on the basis of which, offence under section 376 IPC was also added by the Investigating Officer. After completing the investigation, charge sheet was submitted for the offence under Sections 363, 366 and 376 IPC against accused-appellant.

(3.) The prosecution examined PW-1Tahir (informant), PW-2 victim, PW-3 Mohd. Kasim, PW-4 Dr. Renu Sharma, PW-5 SI Amar Singh, PW-6 Ravindra Singh, PW-7 Constable Indrajeet and PW-8 Dr. Surendra Singh, Radiologist to prove the incident and the documents such as written report, Ext. Ka-1, Supurdaginama, Ext. Ka-2, memo of clothes, Ext. Ka-3, statement under section 164 Cr.P.C., Ext. Ka-4, medical report of victim, Ext. Ka-5, Pathology and X-ray report, Ext. Ka-6 and 7, site map, Ext. Ka-8, memo of arrest, Ext. Ka-9, copy of G.D. Ext. Ka-10, memo of arrest and information Ext. Ka-11, charge sheet Ext. Ka-12, statement of victim Ext. Ka-13, photostat of admission register Ext. Ka-14, FIR Ext. Ka-15, carban copy of G.D. Ext. Ka-16, arrest of accused Ext. Ka-17 and X-ray report Ext. Ka-18 and X-ray plate Ext. I.