The court emphasized the importance of imposing appropriate, just, and proportionate sentences commensurate with the nature and gravity of the crime, considering the principles of proportionality, deterrence, and rehabilitation.

JUDGMENT :

SURESH KUMAR GUPTA, J.

1. Heard learned counsel for the appellant for appellant and Sri Arvind Kumar Tripathi, learned A.G.A. as well as perused the record.

2. The present appeal has been preferred against the judgment and order dated 16.11.2019 passed by the Special Judge, POCSO Act, Sitapur convicting the appellant in S.S.T. No. 62 of 2015 arising out of case crime no. 89 of 2015, P.S. Laharpur, District-Sitapur sentencing him 5 years rigorous imprisonment and to pay fine of Rs. 5,000/- under Section 363 I.P.C. and in default of payment of fine to under further imprisonment for a period of 6 months, 7 years rigorous imprisonment and to pay fine of Rs. 7,000/- under Section 366 I.P.C. and in default of payment of fine to undergo further imprisonment for a period of 1 year and 15 years rigorous imprisonment and to pay fine of Rs. 20,000/- under Sections 376 (2) I.P.C. and in default of payment of fine to undergo further imprisonment for a period of 1 year. All the sentences to run concurrently.

3. The brief facts of the present case emerges as such F.I.R. of the alleged incident has been lodged by Khushi Ram with the allegation that his minor daughter/victim, who is aged about 14 years, was abducted on 2.3.2015 at 7:00 p.m. by Khurshed on a red colour motorcycle. This occurrence was seen by Manoj and Nanhu, who are villagers of the village of the complainant. On the basis of the a written report Exbt.-Ka-1 dated 4.3.2015, the F.I.R. was lodged against Khurshed under Section 363, 366 I.P.C. on 4.3.2015 at 15:40 as case crime no. 89 of 2015.

4. Investigation of this case was entrusted to the Investigating Officer. The Investigating Officer prepared site plan and recorded the statement of the witnesses and during the course of the investigation it came into the knowledge of the Investigating Officer that actually the kidnapping was done by the appellant-Ramesh Kumar Raidas. During the course of the investigation, it was disclosed that victim was recovered after 14 days of the kidnapping and after recovery, the statement of the victim was recorded under Section 161 and 164 Cr.P.C. in which she clearly stated that on the date of alleged incident i.e. on 2.3.2015, the appellant and other co-accused persons enticed away her. The appellant and other co-accused extended threat on the gun point to the victim to keep mum. She also stated that without her consent, the appellant committed rape upon her.

5. After competing all the formalities of the investigation, the Investigating Officer filed charge sheet against the appellant. The charge-sheet was filed before the Magistrate court, where it was committed before the court of sessions as S.S.T. No. 62 of 2015 was mentioned and this case was transferred to Additional Sessions Judge, II, Sitapur on 5.5.2015. The case was fixed for framing of charges. The charges were framed against the appellant on 24.8.2015 under Section 363, 366, 376 I.P.C. and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The charges were read over to the appellant in Hindi to which he denied all the allegations levelled against him. The appellant claimed to be tried.

6. In order to prove his case, the prosecution examined witnesses PW-1/Khushi Ram, PW-2/prosecutrix, PW-3/Dr. Tanjeem Kamar, PW-4/Lady Constable-Geeta Vishwakarma, PW-5/Investigating Officer-Nand Kumar Tiwari, PW-6/Manoj Kumar, PW-7/Dr. Arun Kumar, PW-8/Investigating Officer-Ajai Kumar Singh and PW-9/Ashok Kumar Verma, the Principal. The prosecution also relies upon the documents evidence, which are Ext. Ka-1-written report, Ext. Ka-2, recovery memo of the victim, Ext. Ka-3 undergarment of the appellant and prosecutrix, Ext. Ka-4, statements of the victim recorded under Section 164 Cr.P.C. Ext. Ka-5 medical report, Ext. Ka-6-supplementary report, Ext. Ka-7-chik F.I.R. Ext. Ka-8, site plan, Ext. Ka-9, supurdaginama of the victim, Ext. Ka-10-X-ray report of the victim, Ext. Ka-11-charge-sheet, Ext. Ka-12-Transfer certificate of