MUKESH DHYANI Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 13.5.1997 passed by the Ist Additional Sessions Judge, Dehradun in Sessions Trial No. 155/1995, State v. Mukesh Dhyani, whereby the learned Ist Additional Sessions Judge has convicted the appellant/accused Mukesh Dhyani under Sections 363, 366 and 376 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to undergo five years R.I. under Section 376(1) IPC and to pay a fine of Rs. 5,000/ -, five years R.I. under Section 366 IPC and to pay a fine of Rs. 5,000/ - and two years R.I. under Section 363 IPC and to pay a fine of Rs. 2,000/ -. So far as the default in payment of fine is concerned, the accused in default of payment of fine U/s 376 IPC, was directed to further undergo an imprisonment of six month; in default of payment of fine U/s 366 IPC, he was directed to further undergo an imprisonment of six months and in default of payment of fine U/s 363 IPC, he was directed to further undergo an imprisonment of three months. However, the substantive sentences under Sections 363/366/376 were directed to run concurrently.

(2.) IN brief, the prosecution case is that PW2 Kundan Singh lodged an FIR on 4.3.1995 at 8.10 pm in reporting police chowki Patel Nagar, Dehradun with the averments that his daughter Km. Seema (PW3) aged about 16 -17 years had gone for studying at Bhuntu Wala. As usual when she did not return by 2 pm, the complainant and his wife went out to search her. In the meantime, PW1 Pawan Singh informed the complainant on the same day that he had seen her daughter and accused appellant Mukesh Dhyani together near Indian Wildlife Institute at about 9 am. It was further averred that accused appellant Mukesh Dhyani, a neighbour of the complainant, enticed his daughter and had taken her away with him. On the basis of this report, chick FIR Ex. Ka -5 was prepared by Head Constable Harendra Singh. He also made the necessary entries in the GD. Copy of GD is Ex. Ka -6. The investigation of this case was entrusted to PW5 SI Prem Prakash Sharma. The victim was recovered along with the accused appellant on 9.3.1995 at 6.20 pm from the Bus Stand, Dehradun by PW6 SI Narendra Singh Rana, who also prepared the recovery memo Ex.Ka -10. The victim Km. Seema (PW3) was medically examined by PW4 Dr. Renuka Naithani on the same day i.e. on 9.3.1995 at 7.15 pm and prepared the medical report Ex.Ka -2 and supplementary report Ex.Ka -3 on the basis of X -ray report Ex.Ka -4. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex.Ka -7. He also prepared the site plan from where the victim was recovered, that site plan is Ex.Ka -11. During the course of investigation, he recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet Ex.Ka -12 against the accused appellant.

(3.) LEARNED CJM, Dehradun, after giving the necessary copies of the documents to the accused appellant as prescribed under Section 207 Cr.P.C., committed the case to the Court of Sessions on 24.5.1995. Learned Sessions Judge, Dehradun transferred the case to Ist Additional Sessions Judge, Dehradun for its disposal according to law.