RUSTAM ANSARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal is received through Superintendent, District Jail, Dehradun, in which appellant Rustam Ansari, has challenged the order dated 29.01.2010, passed by Sessions Judge, Dehradun in Sessions Trial No. 42 of 2009, whereby said court convicted him under Section 363, 366, 376 I.P.C. He has been sentenced to rigorous imprisonment for a period of two years and directed to pay a fine of Rs. 2,000/ - under Section 363 I.P.C., rigorous imprisonment for a period of five years and directed to pay a fine of Rs. 10,000/ - under Section 366 I.P.C., and rigorous imprisonment for a period of eight years and directed to pay a fine of Rs. 10,000/ - under Section 376 I.P.C. Heard learned amicus curiae for the appellant and learned counsel for the State.

(2.) PROSECUTION story in brief is that an F.I.R. (Ex. A -1) was lodged by PW -1 Meghraj Singh, at Police Station - Dalanwala on 17.07.2008, that his daughter Sony, aged 18 years, was missing since, 4:00 PM on July, 16th, 2008. Later said complainant came to know that his daughter has been abducted and eloped by accused Rustam Ansari who has taken her to Bihar. Consequently, he gave another report (Ex. A2) at Police Station on 13.08.2008, on the basis of which crime no. 159 of 2008, was registered at Police Station Dalanwala, relating to offences punishable under Section 363, 366 I.P.C. against accused Rustam Ansari. During investigation, the Investigating Officer, recovered the girl from accused Rustam Ansari, on 31.10.2008, from ISBT, Dehradun. The girl was medically examined and found that she was carrying pregnancy of 21 weeks. Her statement was recorded by Investigating Officer and the Magistrate, in which she disclosed that she was a minor and raped by the accused Rustam Ansari, after abducting her. The Investigating Officer, after collecting evidence, submitted charge sheet (Ex. A -19) against accused Rustam Ansari (present appellant) for his trial in respect of offences punishable under Section 363, 366, 376 I.P.C.

(3.) THOUGH , PW -1 Meghraj Singh, has stated that date of birth of his daughter is 01.07.1992, recorded in the college record, but in the First Information Report (Ex. A1), he has clearly stated that his daughter was 18 years old on 16.07.2008. The supplementary medical report, prepared by Dr. Mamta Pangti (formal proof of which was dispensed with by defence counsel) discloses that the girl (Soni) was aged more than 18 years, and she was pregnant for about 21 weeks. The report of the radiologist, also confirms the same age. In the circumstances, it can be said that it is not proved on the record that girl was minor on the date of incident. Rather, she appears to be major on the date when she was said to have been abducted by accused/appellant Rustam Ansari.