GAURAV @ RIKKI JUNEJA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment and order dated 01.07.2017, passed by Additional Sessions Judge/ FTC Court, Saharanpur, in Sessions Trial No. 07 of 2015 (State vs. Gaurav @ Rikki), sentencing and convicting the appellant under Section 366 I.P.C. for rigorous imprisonment for seven years and fine of Rs. 20,000/-; under Section 368 I.P.C. rigorous imprisonment of Seven years and fine of Rs. 20,000/- and under Section 376 I.P.C. for seven years rigorous imprisonment and fine of Rs. 20,000/- with default stipulation.

(2.) The prosecution case is that the first informant, Rajesh Kapoor, gave an application before the police station Kotwali, Sadar Bazar, Saharanpur on 26.05.2014 stating that his daughter, Ena Upadhyay, aged about 23 years, wife of Sri Siddharth Upadhyay and their, daughter, Kumari Pearl Upadhyay, aged about one and the half years had come to his house from Nasik for few days. On 18.05.2014 when he and his wife and son had gone to Satsang at 9:30 am leaving behind Ena and Pearl along with their servant, Sunil Rawat, he received a phone call at 12 p.m. from his servant, Sunil Rawat, that Gaurav Juneja, father of Naresh Juneja, mother, Madhubala and Sister, Ritika, came to my house and compelled Ena to accompany them. Gaurav Juneja took and a box from his almirah containing Rs. 50,000/- cash, one gold chain of two tolas, two gold rings and some jewellery. On the sound of the falling of box, his servant, Sunil Rawat, saw it. When his daughter, Ena, refused to go with them they forcefully took her with them and thereafter the servant called him on phone and he came back and is lodging FIR.

(3.) A Case Crime No. 268 of 2014 under Sections- 366, 380 I.P.C. was registered on 26.05.2014 and investigation was started and after recording the statement of the witnesses the investigating officer submitted charge sheet under Sections- 366, 368, 380, 411, 376 I.P.C. whereof the Magistrate took cognizance and committed the case for trial. The trial court framed charges under Section 368 I.P.C. against accused, Rajiv Gosai, and charges under Sections- 366, 368, 380, 411, 376 I.P.C. against accused Gaurav @ Rikky Juneja.