ARVIND Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellants against the judgment and order dated 23.08.2017 passed by learned Additional Sessions Judge, F.T.C., Hardoi in Sessions Trial No.513 of 2013 arising out of case crime no. 373 of 2012, under Sections 363, 366, 376 and 506 I.P.C. relating to the Police Station Kotwali Dehat, District- Hardoi, accused-appellant, namely, Ramshankar was acquitted under Sections 363, 366 and 506 IPC. Whereas accused appellant, namely, Arvind was convicted and sentenced him under Sections 363, 366, 376 and 506 IPC. Whereby accused-appellant, namely, Arvind has been convicted and sentenced to undergo five years' rigorous imprisonment under Section 363 I.P.C. along with fine of Rs.2,000/-with default stipulation; seven years' rigorous imprisonment under Section 366 I.P.C. along with fine of Rs.3,000/- with default stipulation; nine years' rigorous imprisonment under Section 376 I.P.C. along with fine of Rs.5,000/-, with default stipulation; two years' rigorous imprisonment under Section 506 I.P.C. along with fine of Rs.1000/-, with default stipulation. The substantive sentences awarded to the appellant was directed to run concurrently.

(2.) The prosecution story in brief is that the daughter of informant Ramnath, Kumari Rinki @ Shilpi had love affairs with co-villager Arvind Kumar, son of Satte. For this, Arvind Kumar wanted to take away his daughter Kumari Rinki @ Shilpi. Somehow, he came to know this and he sent his daughter to her grandfather's home so that Arvind Kumar could not take away his daughter. But Arvind Kumar with the help of his brothers eloped his daughter on 28.05.2012 at 10.00 A.M. whom he has been searching. Accused persons are threatening him.

(3.) In order to prove the case, P.W.1 Ramnath (Complainant), P.W.-2 Victim, P.W.-3 Dr. Sangeeta Srivastava, P.W.-4 Dr. Indra Singh, P.W.-5 Smt. Bishakha (Principal), P.W.-6 Sub Inspector Ajay Chaudhari and P.W.-7 Head Constable Vishambhar Dyal Gupta were examined by the prosecution.