PINTU @ AJAY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Seema Pandey, Amicus Curiae, and Shri Manu Raj Singh and Mrs. Alpana Singh, learned AGA for the State and perused the record.

(2.) This Jail Appeal has been preferred against the impugned Judgment dated 29.09.2014 passed by Additional Sessions Judge, Court No.-9, Ghaziabad, in S.T. No. 2106 of 2012 (State Vs. Pintu @ Ajay), arising out of Case Crime No. 1339 of 2012, under section 363, 366, 376 IPC, P.S. Indrapuram, District Ghaziabad by which the accused-appellant has been sentenced for the offence under section 363 IPC for 05 years rigorous imprisonment and Rs.5,000/- fine and in default in payment of fine for 01 year additional simple imprisonment, for the offence under section 366 IPC for 05 years rigorous imprisonment and Rs. 5000/- fine and in default in payment of fine for 01 year additional simple imprisonment and for the offence under section 376 IPC for 07 years rigorous imprisonment and Rs. 10,000/- fine and in case of default in payment of fine for 01 years additional simple imprisonment. All the sentences have been directed to run concurrently and it has been further directed that half of the amount of fine shall be given to the victim by way of compensation.

(3.) Brief facts of the case is that the FIR was lodged by informant Satveer stating that he has taken his 13 years old sister who is victim in this case from his village Mohanpur, P.S. Tilhar, Post Pirauli, District Shahjahanpur for a month to Khoda Colony, Ghaziabad. On 28.08.2012 at about 8 p.m. one Pintu kidnapped her sister from his guardianship. Pintu is aged about 35 years. It has been further stated that prior to the incident, Pintu came to his room once or twice. The kidnapping of victim by Pintu has been admitted by Pintu's sister Radha, who lives in Bahlol Pur, Sector 63, Noida. On the basis of written report FIR was registered against the accused for the offence under section 363, 366 IPC against accused-appellant Pintu. The case was investigated and after about one month the victim was recovered and on the basis of her statement under section 164 Cr.P.C., offence section 376 IPC was added. The victim was medically examined and after investigation charge-sheet was submitted against the accused-appellant for the offence under sections 363, 366, 376 IPC for which he was tried and convicted by the impugned judgement.