- (1.) Challenge in this appeal is to the judgment and order dated 01.09.2014 passed by Additional Sessions Judge, Court No. 12, Bareilly in S.T. No. 637 of 2010 (State Vs. Vijendra and others) arising out of Crime No. 215 of 2009, under Sections 363, 366, 376 (2) and 368 I.P.C., Police Station Aliganj, District Bareilly, whereby the accused Vijendra and Netrapal were found guilty and convicted for 3 years imprisonment and Rs. 1,000/- fine, under Section 363 I.P.C.; three years imprisonment and Rs. 1,000/- fine, under Section 366 I.P.C.; ten years rigorous imprisonment and Rs. 20,000/- fine each, under Section 376(2)(g) I.P.C. with default stipulation.
(2.) The accused appellant Ram Kishore, Nem Chand and Bhoop Ram were found guilty and sentenced to three years rigorous imprisonment and Rs. 1,000/- fine each, under Section 363 I.P.C.; three years imprisonment and Rs. 1,000/- fine each under Section 366 I.P.C. with default stipulation. Further the accused appellant Smt. Katori Devi was found guilty under Section 368 I.P.C. and sentenced to three years imprisonment and Rs. 1,000/- fine with default stipulation.
(3.) The prosecution case in brief is that a written F.I.R. was lodged by Jaipal at the police station stating that he is the resident of village Kishansinghpur, Police Station Aliganj, District Bareilly. On 9.5.2009, he and his wife had gone in the village to attend the marriage ceremony, his daughter aged about 12 years was alone in the house. When they returned home, the daughter was missing from the house. He tried to trace his daughter at which Summeri Lal and Jograj of his village told him that Vijendra, Netra Pal, Ram Kishore, Nem Chand, Bhoop Ram, Sikandar Ali and Ketal were seen taking away the victim. Out of whom Sikandar Ali was armed with country made Rifle, Ketal was armed with country made pistol and Bhoop Ram was armed with sword, hence the F.I.R. was lodged.;