TILKU ALIAS TILAK SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Appeal challenges the Judgment and Order, passed by the learned Single Judge of the High Court of Uttarakhand at Nainital, dtd. 8/3/2013, thereby partly allowing the Criminal Appeal filed by the Appellant.

(2.) The case of the Prosecution is that the Appellant herein was residing in village Fahnar. The Prosecutrix was residing in village Koti. According to the prosecution, the Prosecutrix had gone to purchase salt from village Darmigad on 7/2/1994 at around 1.30 p.m. When she reached near village Darmigad, the Accused persons, namely, Tilku @ Tilak Singh (Appellant herein), his father Jot Singh, and one Gabbar Singh came from behind and kidnapped the Prosecutrix. According to the prosecution, the Prosecutrix was aged 14 years 4 months at that time. Since the Prosecutrix was missing, her father (PW2) lodged a First Information Report (FIR) with the Police on 13/2/1994 with Patwari (PW7). During investigation, the investigating agency found the Appellant as well as the Prosecutrix residing together in Survey Colony in Dehradun. From there the Appellant herein was taken into custody, whereas the Prosecutrix was given in custody to her father.

(3.) In this background, the Charge-sheet was filed against the Appellant herein for the offences punishable under Ss. 376, 366 & 363 of the Indian Penal Code, 1860 (for short, 'IPC') as well as the other two Accused, namely, Jot Singh and Gabbar Singh for offences punishable under Ss. 366 and 363 of the IPC.