- (1.) This criminal appeal has been filed against the judgment and order dated 19.6.2014 passed by Additional Sessions Judge, Court No.2, Pilibhit in ST No.330 of 2013 (State vs. Ram Vilas and another) whereby accused appellant Om Prakash @ Bantu has been convicted and sentenced under Section 12oB read with Section 363 IPC to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.20,000/- with default clause and further convicted and sentenced to undergo rigorous imprisonment for 10 years under Section 376 (2)(g) IPC and to pay a fine of Rs.20,000/- with default clause. Both the sentences were ordered to run concurrently.
(2.) Eschewing unnecessary details the prosecution case, in brief, is that on 6.3.2013 at 3.30 p.m. one Sant Ram lodged a written report in P.S. Bisalpur (Pilibhit) to the effect that on 25.2.2013 at about 10 o'clock in the night co-accused Ram Vilas had enticed away his daughter (hereinafter referred to as 'the prosecutrix') aged about 14 years. The people of the village had seen him taking his daughter along with him and that in the elopement of his daughter there is hand of accused appellant Om Prakash @ Bantu. He and his family members had searched the prosecutrix at the residences of their relatives and other places but the whereabouts of his daughter could not be known. On the basis of the above written report (Ext.Ka.1), Constable C.P. Dhanpal Singh (PW-8) prepared the Chick FIR (Ext.Ka.11) and registered the case under Section 363 and 366 IPC against accused Ram Vilas and accused appellant Om Prakash @ Bantu at Crime No.345/13 in P.S. Bisalpur District Pilibhit. He had also made an entry in that regard in the General Diary of that police station, the extract of which is Ext.Ka.12.
(3.) The investigation of the case was entrusted to S.I. Dhirendra Kumar Tiwari (PW-7) who after making spot inspection prepared site plan (Ext.Ka.8) and recovered the said prosecutrix on 7.3.2013 from Bisalpur Railway Corssing from the company of co-accused Ram Vilas and in that regard prepared recovery memo (Ext.Ka.9) and thereafter on 15.3.2013 he had given the prosecutrix in the supurdugi of her father and a Supurduginama (Ext.Ka.2) was also prepared in that regard.;