PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal on behalf of appellant Pappu is directed against the judgment and order dated 17.8.2012 passed by Additional Sessions Judge/Special Judge (E.C.Act), Agra in Session Trial No. 106 of 2010 (State versus Pappu) arising out of Case crime no. 590 of 2010, Police Station Jagdishpura, District Agra, whereby appellant was convicted under sections 376, 511 Indian Penal Code (in short, IPC) and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 20,000/- with default stipulation.

(2.) Prosecution case, in brief, is that on 21.10.2010, complainant Mukesh Chandra (PW-1) son of Suresh Chandra lodged a First Information Report (in short, FIR) alleging that on 21.10.2010 he was informed by one Smt. Ansuiya Devi (PW-5) that his 8 years old daughter had been abducted by appellant. Neighbour, namely, Sheila, Smt. Ansuiya Devi (PW-5), Smt. Pushpa etc. searched the girl and suddenly found her in a vacant plot of land nearby Ankush Dairy. Appellant was standing there with his trousers fly open. Minor daughter of informant was also present and her lower garment (Salwar) had been pull down. Appellant was caught on the spot. The wife of informant Smt. Radha (PW-3) telephoned her husband. Appellant was questioned, he gave his name and address, thereafter, he was taken to the Police Station Jagdishpura and a report (Ex Ka-1) was lodged at 2:00pm on the same day. The matter was investigated and a charge sheet (Ex Ka-6) under section 376 read with Section 511 IPC was submitted against the appellant.

(3.) Trial judge framed formal charges against the appellant/accused Pappu under section 376 read with Section 511 IPC, which was denied by accused-appellant. Accused claimed trial. During the course of trial, the testimonies of PW-1 Mukesh Chandra (father of the victim), PW-2 Mukesh Kumar son of Vishambhar Dayal (brother-in-law of PW-1 Mukesh Chandra), PW-3 Smt. Radha (mother of victim), PW-4 Victim, PW-5 Anusuiya Devi (eyewitness), PW-6 Constable Bhem Sen and PW-7 S.I. Amit Kumar, Investigating Officer (in short, I.O.) were recorded. Appellant was also given opportunity to produce evidence in defence but he did not avail this opportunity. On conclusion of the trial, learned Additional Sessions Judge found the appellant Pappu guilty under sections 376/ 511 IPC and was sentenced to rigorous imprisonment for five years and a fine of Rs. 20,000/- with default stipulation vide judgment and order dated 17.8.2012. This judgment is under challenge in this jail appeal.