GAJE SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 07.10.2008 passed by the Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.250 of 2007, State vs. Sonu and others, whereby the appellants were found guilty for the offence punishable under Section 363 of IPC, and each of them was sentenced to undergo three years' rigorous imprisonment with fine of Rs. 1,000/- each. By the same judgment, co-accused Sonu was acquitted by the Court below for the charges levelled against him.

(2.) Brief facts of the present case, inter alia, are that the complainant Mahendra had given written information Ex. Ka-1 on 25.07.2006 to the Police Station Mangalore with the allegations that he had gone out from his house for doing labourer work; his daughter Pooja aged about 14 years was, alone at the house. The accused-Jogendra, who was the relative of his brother, was also residing in the same village for some days. On 18.07.2006, he took away his daughter Pooja. There was a suspicion on Sonu, Khushi and Mahipal. On the basis of the said information an FIR Ex.Ka-7 was lodged on 25.07.2006 at about 14:10, at Police Station Manglore (Roorkee). On 07.08.2006, Km. Pooja was recovered from the possession of the accused, accordingly recovery memo Ex. Ka-2 was prepared by PW-5, SI Rajesh Bisht.

(3.) Investigating Officer conducted investigation in the matter and submitted the charge-sheet against the appellants- Gaje Singh and Babli under Sections 363, 366 and 120-B of IPC and as against the accused Jogendra under Sections 363, 366, 376 and 120-B of IPC.