ARIF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) is directed against the judgment and order dated 16/5/1995 passed by Sessions Judge, Tehri Garhwal in S.T. No.24/1992, State Vs. Mohd. Arif & another, by which the accused/appellant Mohd. Arif was convicted under Section 363 of The Indian Penal Code, 1860 (hereinafter to be referred as IPC) and was sentenced to three years' R.I. He was further convicted u/s 366 IPC and was sentenced to three years R.I. Both the sentences were directed to run concurrently.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution story is that Vijay Pal (PW1) lodged a FIR in the Police Station Kirtinagar stating therein that the appellant/accused along with one co-accused Mohd. Haneef enticed away her daughter Km. Savitri,aged about 17 years, on 17.5.1992 at about 11 AM. With the same averments, the FIR was lodged on the same day at 02:30PM at P.S. Kirtinagar. That FIR is Ext.Ka-1. On the basis of FIR Ext.Ka-1, Chik FIR of the case was prepared by Head Mohirror Banmali Singh (PW4). Necessary entries were also made in the G.D., copy of which is Ext.Ka-4. The investigation of this case was entrusted to Sub Inspector Sri Khem Singh Adhikari. On 19.5.1992 victim Km. Savitri (PW2) reached to her house. Thereafter on 21.5.1992 at 03:30 PM she was medically been examined at Combined Hospital, Srinagar. The medical report is Ext.Ka-4. X-ray of the victim was also conducted; the X-ray report is Ext.Ka-6. During the course of investigation, the I.O. recorded the statements of the witnesses and also prepared the site-plan of the place of occurrence i.e. Ext.Ka-5. On completion of the investigation, the I.O. filed the charge sheet against the accused/appellant Mohd. Arif and the co-accused Mohd. Haneef u/Ss 363 and 366 IPC.