- (1.) This appeal has been sent from jail by the accused -appellant Dileep Verma challenging the judgment and order dated 01.10.2015 passed by the learned Additional District & Sessions Judge, Court No. 1, Ballia in Sessions Trial No. 96 of 2014 (State of U.P. vs Dileep Verma) arising out of Case Crime No. 346 of 2014, under Sections 363, 366, 376 IPC and Section 3/4 Protection of Children from Sexual Offences Act, Police Station - Sahatwar, District - Ballia, whereby the accused -appellant Dileep Verma has been convicted and sentenced to five years' rigorous imprisonment under Section 363 IPC; five years' rigorous imprisonment under Section 366 IPC; ten years' rigorous imprisonment under Section 376 IPC and ten years' rigorous imprisonment under Section 4 of Protection of Children from Sexual Offences Act. Consolidated fine of Rs. 20,000/ - has been imposed on the accused -appellant with default stipulation.
(2.) In brief the case of the prosecution as set up in the first information report lodged by Smt. Reshami Devi w/o Late Shiv Bachan Verma at Police Station Sahatwar, District - Ballia is that Dileep Verma s/o Ram Kishun Verma, resident of village Chhotaki Seriya, Police Station Bansdeeh Kotwali, District Ballia, who claimed himself to be conjurer used to come to her house for conjuring. He was aged about 35 years. On 05.06.2014, when she had gone to Ballia in connection with her treatment and his daughter, the victim aged about 14 years was alone in the house, then Dileep Verma, the accused enticed her away. Her daughter was having mobile number 9839341137. She along with her family members made hectic search, but whereabouts of the victim could not be known.
(3.) On the basis of aforesaid report, Ext.Ka -1, chik FIR was registered, Ext. Ka -4, which was entered in G.D. Ext. Ka -6 and case was registered. After registration of the case, the investigation of the case was entrusted to S.I. Ram Phool Yadav, PW -4. He copied the chik FIR and entered the same in the case diary. Thereafter, he recorded the statement of chik scriber Vinod Kumar Pradhan and informant Smt. Reshmi Devi and entered the same in the case diary. On the pointing out of the informant, he inspected the spot and prepared the site plan, which was proved as Ext.Ka -3. High School marksheet of the victim was made available to him by the informant, according to which her date of birth is 18.09.2002. After the recovery of the victim, she was sent for medical examination on 13.09.2014. On 15.09.2014, the statement of the victim was got recorded under Section 164 Cr.P.C., which was entered into the case diary on the order of the court. After completing the investigation, he submitted the charge sheet against the accused -appellant under Sections 363, 366, 376 IPC and Section 3/4 POCSO Act, which was proved as Ext. Ka -4.;