RAM BABU Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 31.10.2012 passed in Sessions Trial No.380 of 2012, State Vs. Ram Babu s/o Bhilla @ Ram Sewak, arising out of Case Crime No.59 of 2012 for offence under Sections 363, 302, 201 IPC, Police Station Loni, District Ghaziabad, whereby the accused appellant has been sentenced to undergo 7 years' R.I. coupled with fine Rs. 1,000/for offence under Sec. 363 IPC; rigorous imprisonment of life coupled with fine Rs. 1,000/for offence under Sec. 302 IPC; and 5 years R.I. coupled with fine Rs. 500/under Sec. 201 IPC, respectively, and in default of payment of aforesaid fine, he will have to undergo six months simple imprisonment, under Sections 363 and 302 Penal Code and three months simple imprisonment for offence under Sec. 201 IPC. All the sentences to run concurrently.

(2.) Relevant to mention that by the same trial in Case Crime No.153 of 2012, under Sec. 25/4 Arms Act was also tried as Sessions Trial No. 466 of 2012 wherein the appellant Ram Babuhas been acquitted.

(3.) Crux of the events as discernible from record particularly from perusal of the first information report indicates that the informant Natthu Ram S/o Barati Lal, R/o Ghawara, Police Station Gaurihar, District Chhatarpur (Madhya Pradesh) presently residing in Ambedkar Colony, Police Stanton Loni, District Ghaziabad lodged a missing report at Police Station Loni on 13.1.2012 at 10.45 P.M. regarding disappearance of his daughter Kumari Reena (hereinafter referred to as 'victim') aged about 6 years with allegations that his daughter was playing outside his house around 1.00 P.M. on 11.01.2012, but she did not return home. He made hectic effort for her whereabouts, but he did not succeed. Physical particulars of the victim were described as fair complexioned; about 3 feet in height, wore full sleeve sweater and clothes brownish trousers with white strips and blue scarf with little hair and round face, besides she was wearing slippers.