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2020 Supreme(All) 545

GOVIND MATHUR, SAUMITRA DAYAL SINGH
Guddoo @ Nitin Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jagdish Singh Sengar, B.M. Pandey, Balendra Kumar Singh, D.K. Singh, H.V. Shastri, Mary Puncha (Sheeb Jose), Mohd. Kalim, Rajiv Lochan Shukla, Santosh Kumar Mishra, Sushil Kumar Dwivedi

JUDGMENT :

Saumitra Dayal Singh, J.

1. This Criminal Appeal arises from the judgment dated 01.12.2006 passed by the Additional Sessions Judge, Fast Track Court No.1, Fatehpur. The learned court below has recorded conviction of the accused appellant-Guddoo @ Nitin Singh for offence punishable under Section 364-A IPC and sentenced him to undergo imprisonment for life. The learned court has also imposed fine of Rs. 10,000/-and in default thereof, provided the appellant would undergo additional rigorous imprisonment for one year. The appellant-Guddoo @ Nitin Singh is disclosed to be in jail since 09.06.2005, i.e. for last fifteen years.

2. The prosecution case is -on 02.04.2005, a missing person report was lodged by Suresh Kumar Sahu, PW-1 (paternal uncle of the victim) at the Police Station Khakhreru, District Fatehpur, reporting that his nephew Aman, aged about nine years, had gone missing while the latter had been riding a bicycle, in the village. His abandoned bicycle was found near Medipur village. More than two months after the said report had been lodged, the said Suresh Kumar (PW-1) made another written report at P.S. Khakhreru, on 09.06.2005. In that report, he made further alleg

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