- (1.) Challenge in this appeal is to the judgment and order dated 17.7.2013 passed by Additional District and Sessions Judge, Court No. 4, Pilibhit in S.T. No. 323 of 2012 ( State of U.P. Versus Vinod) arising out of Case Crime No. 465 of 2012, under Sections 363, 366 and 376 I.P.C.,Police Station Puranpur, District Pilibhit whereby the accused was found guilty under Sections 363, 366 and 376 I.P.C. and was sentenced to 3 years R.I. and Rs. 500/ - fine under Section 363 I.P.C., 4 years R.I. and fine of Rs. 500/ - under Section 366 I.P.C. and 7 years R.I. And fine of Rs. 1000/ - under Section 376 I.P.C. with default stipulation. All the sentences were directed to run concurrently.
(2.) Filtering out unnecessary details the prosecution story as per the prosecution version is that the complainant Basant Lal lodged an F.I.R. (Ext. Ka. 1) with the allegation that his 14 years old daughter Neelam, a student of class IX had gone to school alongwith her friends Pinki and Baby belonging to the same village on 21.4.2012 During interval Pinky and Baby took away his daughter outside the school to Dugdhdhari temple near Gunghchihai on the pretext of offering 'Prasad" but they handed over his daughter to Vinod Singh (appellant) who took her away forcibly in a magic car leaving Baby and Pinki at the temple.
(3.) On the basis of F.I.R., chick report ( Ex. Ka. 9) was scribed by P.W. 7 Con. Sudhindra Kumar Singh. Investigation was entrusted to S.I. Rakesh Singh (P.W. 5). He copied the F.I.R. in the C.D., recorded the statement of the victim and other witnesses, prepared the site plan (Ext. Ka. 4). The investigation ended into a charge -sheet (Ext. Ka. 5) against the appellant. The victim was medically examined by Dr. Anjali Singh (P.W. 6). As per the internal examination the hymen was found old torned and healed. No external or internal injury was found on her private parts. Slides were prepared from the smear of the vagina and sent for pathological examination. No dead or alive spearmotozua was found in vaginal report. X -pray was advise for determination of her age.;