SEESH PAL Vs. STATE

JUDGEMENT

(1.) The appellant Seesh pal was prosecuted for commission of offence punishable under Section 363/376/302/201 IPC. The Trial Court vide its judgment dated 27th September, 2013 and order on sentence dated 5th October, 2013 passed in Sessions Case No. 16/2011 (in case FIR No. 175/2010 registered at PS Harsh Vihar) held the appellant guilty for the above charges and sentenced him as under:

(2.) FIR No. 175/2011 under Section 363 IPC was registered on the basis of statement made by PW-2 Smt. Pinki - mother of the child victim who visited PS Harsh Vihar on 25th November, 2010 and reported that her daughter 'D' (name withheld to conceal her identity), aged about 3 1/2 years had been missing since 24th November, 2010 and that she was playing in the gali. At about 1:00 PM when PW-2 could not see her daughter in the gali, she tried to search for her at the nearby places and also with her relatives. On not being able to find her daughter 'D', she personally visited the police station to lodge the missing report. After giving description of her daughter and the clothes she was wearing, PW-2 also stated that some unknown person might have taken her away with some wrong intention. On her above complaint Ex.PW-2/A, the FIR Ex.PW-1/A was registered under Section 363 IPC and investigation was conducted by Inspector Dheeraj Singh (PW-9) who sent wireless transmission (WT) message and also informed DMPU.

(3.) On 25th November, 2010 when the Investigating Officer Insp. Dheeraj Singh (PW-9) along with women Constable Parmila (PW-15) reached the place from where the child got missing, Smt. Nemwati (PW-3) resident of B-1/929, Gali No. 34, Harsh Vihar, Delhi informed that she had seen the child with Seesh pal who was known to her being relation of her neighbour Satbir Singh (PW-19) and also of Mahipal (father of the deceased), resident of A-Block, Harsh Vihar. On 24th November, 2010 at about 12 noon appellant Seesh pal was seen taking the child 'D' by holding her finger towards Bhopura and she thought that he might be taking her for buying a toffee for her and she came to know about missing of the girl child only at that time.