JUDGEMENT
ARVIND KUMAR MISHRA, J. -
(1.) Heard Sri Dheeraj Srivastava, learned Amicus Curiae
for the appellant, Sri S.A.M. Zaidi, learned AGA for the State
at length and perused the record.
(2.) The instant jail appeal has been preferred by appellant Pankaj Kumar Singh from jail through Superintendent of
District Jail, Lucknow against the judgment and order of
conviction dated 18.11.2014 passed in Sessions Trial No.
188 of 2013 arising out of Case Crime No. 223 of 2012, under Sections 363, 366 IPC, Police Station Alambagh,
District Lucknow, whereby the appellant has been sentenced
to four years rigorous imprisonment with fine of Rs. 4,000/ -,
in case of default, he would have to suffer four months'
additional rigorous imprisonment under Section 363 IPC. He
has been further sentenced to six years' rigorous
imprisonment with fine of Rs. 12,000/ - under Section 366
IPC, in case of default, he would have to suffer six months'
additional rigorous imprisonment. All sentences shall run
concurrently.
(3.) The prosecution story as discernible from record appears to be; that the first informant Kaushalya Devi wife
of Ramai Sahu gave a written report at Police Station
Alambagh, District Lucknow on 11.10.2012 to the effect that
her grand -daughter (elder daughter's daughter) namely
Pooja Gupta who had come over to Lucknow for pursuing her
studies, has not come back home after she had gone to take
some articles at Mawaiya crossing at 9.30 am on
09.10.2012. She searched for her whereabouts but she could not trace her.;
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