RAHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against impugned judgment and order dated 12.10.2010 passed by learned Additional Sessions Judge, Court No. 6, Bulandshahr, in Sessions Trial No. 365 of 2009 (State Vs. Rahul), under Section 364, 377/511, 302, 201 of IPC, Police Station Khurja Nagar, District Bulandshahr, whereby accused appellant Rahul has been convicted under Section 364, 302 and 201 of IPC and sentenced to imprisonment for life along with fine of Rs. 10,000/- under Section 302 of IPC; ten years rigorous imprisonment along with fine of Rs. 5,000/- under Section 364 of IPC and five years rigorous imprisonment along with fine of Rs. 2000/ under Section 201 of IPC. In default of payment of fine, he has to undergo additional rigorous imprisonment of six months, three months and one month respectively. All the sentences were directed to run concurrently. However, accused appellant was acquitted of charge of Section 377/511 of IPC.

(2.) Case of prosecution is that complainant/PW-1 Prem Pal Singh was maintaining some buffalo and accused appellant Rahul often used to visit there for collecting cow dung and thus, he was known and familiar to complainant and his family members. It is alleged that on 22.01.2009 at 03:30 pm, while complainant's son Pradeep Kumar (deceased), aged eight years, along with his sister PW-2 Kumari Lalitesh, was playing outside his house, accused-appellant Rahul came there and took Pradeep with him on pretext that he would give him some 'cheej' (delicious food item). When Pradeep did not return for sufficient long time, PW-2 Lalitesh told this fact to her father that Pradeep was taken away by accused-appellant. Complainant and his family members made search for Pradeep but in vain. At around 05:41 pm, a telephonic call was received on mobile number 9927227845 and hearing the voice of the caller, daughter of complainant told that it was Rahul. When complainant tried to make conversation with him, phone call was cut off. PW-1 Prem Pal called back on the same number and he was told from other side that it was a number of PCO and that the earlier call on mobile number 9927227845 was made by a boy, who was having a child with him. PW-1 Prem Pal along with one Chhatrapal and Pushpendra went at that PCO and description of deceased was told to the PCO operator, but he could not give any satisfactory reply.

(3.) PW-1 Prem Pal Singh reported the matter to police by submitting written tehrir Ex. Ka-1 and on that basis, this case was registered on 23.01.2009 at 16:20 hours vide FIR Ex. Ka-2.