LAWS(ALL)-2016-6-39

SEEMA Vs. STATE OF U P

Decided On June 13, 2016
SEEMA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) This appeal filed from jail under Section 374, Cr.P.C. is directed against the judgment and order dated 20.10.2014 passed by Additional Sessions Judge, Court, No.9, Ghaziabad in S.T. No. 480 of 2012 (State v. Seema) convicting appellant under Section 363/364, IPC and sentencing her with maximum sentence of life imprisonment in addition to fine stipulated therein.

(2.) We have heard Sri. Rahul Mishra, Amicus Curiae and A.G.A.

(3.) Briefly stated prosecution case is that FIR was lodged by Laxman on 11.12.2011 alleging that his minor son Ashish has been kidnapped by Seema on 26.11.2011. Police had arrested accused as well as her husband. Senior Superintendent of Police directed police to register FIR, recover child and assigned intense interrogation to a lady sub-inspector. Consequently, Case Crime No. 1348 of 2011 was registered under Section 363/364, IPC and after investigation, charge-sheet was submitted against the appellant and her husband Mahesh on 10.3.2012. Thereafter cognizance was taken on 17.3.2012. Charge was framed on 29.5.2012. Accused did not plead guilty and claimed trial.