ASLAM ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) This jail appeal has been preferred by the sole appellant, Aslam Ansari against the judgment and order dated 18th March, 2017 passed by the Additional Sessions Judge/Fast Track Court No. 1, Fatehpur in Sessions Trial No. 119 of 2016 arising out of Case Crime No. 82 of 2016, under Sections 364 of the Indian Penal Code, Police Station-Khaga, District-Fatehpur, whereby the appellant has been convicted for an offence punishable under Section 363 I.P.C. and has been sentenced for rigorous imprisonment of 7 years and a fine of Rs. 5,000/-. In case of default in payment of fine, the appellant was to undergo a further rigorous imprisonment of six month.

(2.) The prosecution case, as emerges from the record, is that a first information report dated 23rd February, 2016 was lodged by the informant, namely, Mohammad Salman alleging therein that today at about 9:30 A.M. in the morning, when a beggar came to his door, his two and half years old daughter Sana Parveen came out to give flour to the beggar, she was taken away by him on the pretext of giving toffee and when his daughter did not return, coming out from house, the informant started shouting, upon which several persons of the colony chased the beggar, who was found behind Sukhdev College and he was caught after rounding up by them. After search, his daughter was found to have been kept in the bag of said beggar. The said beggar disclosed his identity as Mohammad Aslam and thereafter he was brought to the Police Station.

(3.) After registration of the criminal case, the concerned Investigating Officer has conducted the statutory investigation of the aforesaid criminal case in terms Chapter XII Cr.P.C. and submitted the charge-sheet against the appellant. The case was committed to the Sessions Court, where the charge was framed under Section 364 Cr.P.C.