BHURE AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and order dated 20.9.2014 passed by Additional Sessions Judge, Court No. 1, Jhansi in S.T. No. 326 of 2012 (State of U.P. Vs. Mahesh and Others) and S.T. No. 79 of 2012 (State Vs. Neetu @ Netram and Others), under Sections 363, 366 and 376 I.P.C., Police Station-Kakarbai, District-Jhansi, arising out of Crime No. 96 of 2011, whereby Bhurey, Mahesh, Neetu @ Netram and Matey were found guilty under Section 376(2)(g) I.P.C. and sentenced to ten years rigorous imprisonment coupled with a fine of Rs. 10,000/- each. Further they were sentenced to five years rigorous imprisonment and Rs. 5,000/- fine under Section 366 I.P.C. with default stipulation.

(2.) Filtering out unnecessary details, the case of the prosecution is that as per the F.I.R. the accused Neetu @ Netram and Matey enticed away the victim on 9.2.2011 at 10 O'clock from her house. The informant and his family members were working in the fields, while the victim was alone in the house. Neetu and Matey were members of the dance party, who used to dance in the village. They had performed in the village of the informant for one month prior to the incident. The accused persons had stayed in the house of Deep Chandra and Jaipal of the same village. They were also distantly related to Deep Chandra. Many villagers had seen the accused taking away the victim, hence report was lodged.

(3.) Investigation was entrusted to P.W. 6 S.I. Abdul Aziz on 12.11.2011. He recorded the statement of the chick writer in the case diary on 17.12.2011. He also recorded the statement of the informant. He further recorded the statement of Shimmu, on whose pointing out the site plan was prepared which was proved as Exhibit Ka-8, and was copied in the case diary. On 18.12.2011 the parents of the victim accompanied with police went to the Garautha crossing, where the victim was found standing. She was recovered from the Garautha crossing and brought to the police station. Her statements were recorded. She told the police that the accused Bhure had taken her away, who had kidnapped her. On 22.12.2011, the statement of the victim was got recorded under Section 164 Cr.P.C., which was copied in the case diary.