Criminal Appeal/ 10 years sentence/appellant already undergone 9 and a half year/ conviction altered to sentence undergone/ appeal partly allowed: Allahabad High Court

Allahabad High Court in the case of Muneshwar @ Arvind vs State of U.P (CRIMINAL APPEAL No.- 6978 of 2007) through the learned bench led by HONOURABLE MR. JUSTICE VINOD PRASAD dismissed the appeal on the merits of confirming the appellant’s conviction under sections of IPC but altered the order of the trial court to the period of imprisonment already gone by him.

The appellant challenges the Further Session’s Judge’s verdict of his convictions under sections 376 and 506 part II IPC, which imposed terms of ten years with fine and six months additional imprisonment if the fine was not paid on the first count and seven years on the second count.

FACTS OF THE CASE: Prosecution allegations against the appellant are that Rajbir, Muneshwar (appellant), and Baby Rani are the distant relatives of the informant Rajendra (PW3) and they often used to visit his house. In absence of the informant, they kidnapped the informant’s daughter aged about fifteen years. After his return, 3-4 days subsequent to the incident informant started a frantic search for his daughter during which he was informed that the aforesaid accused persons had kidnapped his daughter. Informant, therefore, went to the village in search of his daughter but she could not be traced. On asking about his daughter’s whereabouts accused intimidated and threatened the informant and pushed him away. Hence informant scribed FIR against the accused persons and lodged it the same day.

JUDGEMENT: The court dismissed the appeal on merits by confirming the appellants’ convictions under section 376 and 506 (II) IPC, recorded by the trial court through the impugned judgment and order but alter his sentence to the period of imprisonment already undergone by him on both the courts. The sentence of fine imposed on him for an offense under section 376 IPC is also set aside. Court further stated that this appeal is allowed in part as aforesaid. Accordingly, the applicant shall be released from custody immediately if he is not wanted in any other case.



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