CHANDRA PAL ALIAS KALLU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This 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 26.8.1997 passed by Second Additional Sessions Judge, Nainital in S.T. No.189A of 1993, State Vs. Chandrapal alias Kallu, whereby the learned Second Addl. Sessions Judge convicted the appellant/accused Chandra Pal under Section 363 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for a period of five years.

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

(3.) In brief, the prosecution case is that Chandan Singh Tadiyal lodged a report at Police Station Ramnagar stating therein that he had lodged missing report of his niece on 5.2.1992. Since then he and others were searching his niece at nearby places. Then he came to know from Pooran Singh and Gopal Dutt that the appellant/accused Chandra Pal and co- accused Prem Nanhe have enticed away his niece. They had seen the victim with the accused persons on 4.2.1992 at 2 PM at Halduwa Barrier and that she was being taken by them (accused persons) towards Muradabad. With the same averments, Chandan Singh lodged the First Information Report at P.S. Ramnagar on 13.2.1992. That F.I.R. is Ext.Ka-1. On 19.2.1992, the girl was recovered along with co-accused Prem Singh from Railway Station Hempur, a recovery memo thereof was prepared, which is Ext.Ka-2. She was given in the supardgi of his father through supardginama Ext.Ka-3. On the same day i.e. 19.2.1992 at 1:10 PM, the victim was medically examined by P.W.4 Dr. Geeta Sharma, who after the medical examination, prepared the medical report Ext.Ka-4. Supplementary report of the victim was also prepared by the same medical officer, i.e. Ext.Ka-5. During the course of investigation, the I.O. recorded the statement of the witnesses and on completion of investigation, charge sheet was filed against the appellant/accused Chandra Pal and co-accused Prem Nanhe.