- (1.) THE instant State Appeal has been preferred by the State of U.P. against judgment and order of acquittal dated 22.3.2014 passed by Additional Sessions Judge, court no.10, Varanasi in Sessions Trial No.84 of 2011 (State Versus Indra Bhushan Pandey & another) arising out of Case Crime No.273 of 2009, for offences under Sections 363, 366 and 376 IPC, police station Bhelupur, District Varanasi.
(2.) BY the aforesaid impugned judgment and order, the trial court acquitted both the accused persons under the aforesaid sections of Indian Penal Code.
(3.) WE have heard learned AGA for State and the learned counsel for the accused -respondents and perused the entire record as available on the file. Briefly stated the case of the prosecution, as it appears from the perusal of the certified copy of impugned judgment has its genesis in the complaint of Sarita Mishra w/o Subhash Chandra Mishra, R/o Jagarnath Mandir, House No. B.1/152, Assi, which was lodged on 26.6.2009 at 12.40 p.m. at police station Bhelupur whereby it was alleged, inter alia, that her daughter went out on 24.6.2009 at 7 p.m. for recharging her mobile, when she was kidnapped by some miscreants. Her neighbourhood was on inimical terms with the complainant, therefore, she suspected involvement of her neighbours Shashi Bhushan, Madan and Shyam Sunder along with Kamla Pandey, Ashutosh, Bachcha, Indra Bhushan in kidnapping of her daughter. This report was noted down at Bhelupur police station at Case Crime No.273 of 2009, under Section 364 IPC. Thereafter investigation followed and the victim was recovered in the meantime on 27.6.2009. Medical examination of the victim was conducted on 28.6.2009. Statement of the victim was got recorded under Section 164 Cr.P.C. by the Investigating Officer and after completing all formalities, chargesheet, Exhibit Ka -9, was submitted for offence under Sections 363, 366, 376 and 504 IPC against accused -respondents Indrabhushan Pandey and Madan Mohan Pandey. Thereafter the matter was committed to the court of Sessions. Consequently, trial against aforesaid accused persons commenced.;