Ranjana Pandya, J. - (1.) Challenge in this appeal is to the judgment and order dated 04.09.2014 passed by the learned Additional Sessions Judge, Court No. 7, Kanpur Dehat in ST No. 202 of 2010 (State Vs. Abhay Kumar and others) arising out of Crime No. 485 of 2009 under Ss. 363, 366, 376, 368 IPC, PS Rasoolabad, Kanpur Dehat whereby accused appellant Abhay Kumar @ Ram Shyam was found guilty and was convicted and sentenced four years' imprisonment and Rs. 10,000/ - fine under Sec. 363 IPC, five years' imprisonment and Rs. 20,000/ - fine under Sec. 366 IPC and ten years' imprisonment and Rs. 50,000/ - fine under Sec. 376 IPC with default stipulation. Accused Chandan @ Raghavendra, Smt. Rajjo and Sita were found guilty under Sec. 368 IPC and each of them were convicted and sentenced to undergo five years' imprisonment and Rs. 20,000/ - fine each with default stipulation.
(2.) The prosecution case in brief is that informant Awadhesh Kumar moved an application stating that his daughter was studying in class 9th at Kanya Vidyalaya, Yakubpur. She was aged about 13 years. On 29.10.2009, in the morning, she had gone to attend school. Since then she did not return. From the other girls of the village the informant came to know that the victim was enticed away by Abhay Kumar and was taken towards Bela in magic four wheeler. The applicant moved applications at Bela Police Station, District Auraiya and police station Rasoolabad, Kanpur Dehat. But no report was lodged, hence an application was given to the District Magistrate, Kanpur Dehat on Janta Diwas. On the basis of this report Constable Shambhu Dayal, PW -3, scribed chik report which was proved by this witness as Ext. Ka -5. Further, this witness scribed the GD, copy of which was proved as Ext. Ka -6. SI Lalji Singh PW -4 conducted the investigation. He copied the report in the case diary. Further, he recorded the statements of the chik writer and the informant in the case diary. He prepared the site plan at the pointing out of the informant. Further, the accused was arrested and the victim was recovered. A memo of recovery was prepared, which was proved by this witness, which was marked as Ext. Ka -2. He copied the medical report of the victim in the case diary and further recorded the statement of the victim. On 06.11.2009, the victim was given in Supurdagi of her father. Supurdaginama was proved by this witness, which was exhibited as Ext. Ka -3. Further, the victim was sent for recording her statement under Sec. 164 Cr.P.C., on the basis of which Ss. 368 IPC and 376 IPC were added. On 20.11.2009, warrant of accused was got prepared under Sec. 376 IPC. On 18.11.2009 the statements of witnesses namely Hosiyar Singh and Pappu @ Uma Shanker were recorded. Further, on 30.11.2009 Ram Kishore, Kunti Devi, Dharmendra, Priti and Ram Naresh, Amar Singh, Basant Lal, Raees Ali, and Ram Chandra filed their affidavits, which were copied in the case diary and the statements of aforesaid witnesses were recorded. This witness submitted charge sheet against accused which was proved as Ext. Ka -8 and the copy of GD was proved as Ext. Ka -9. Site plan was proved as Ext. Ka -7. The victim was medically examined by Dr. Shikha Rawat, PW -5. She did not find any external or internal injury on the body of the victim. Hymen was old torn and the vagina was admitting two fingers easily. This witness prepared two slides of the vaginal smear and sent the victim for determination of her age. This witness proved the medical report as Ext. Ka -10. The reference slip was marked as Ext. Ka -11 and the supplementary report, as Ext. Ka -12.
(3.) Besides these witnesses, the prosecution examined PW -1 Awadhesh Kumar, who proved the application given to District Magistrate on Janta Diwas as Ext. Ka -1 and the recovery memo was Ext. Ka -2. PW -2 is the victim who proved her statement recorded under Sec. 164 Cr.P.C. as Ext. Ka -4.;