RADHESHYAM SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, got sent through Superintendent, District Jail, Almora, filed by accused Radheshyam Sharma, is directed against the judgment and order dated 06.03.2010, passed by Sessions Judge, Almora, in Sessions Trial No. 32 of 2009, whereby said court has convicted the accused/appellant Radheshyam Sharma under section 363, 366 and 376 of I.P.C. He has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine of 1,000/- under section 363 of I.P.C., and rigorous imprisonment for a period of five years and directed to pay fine of 1,000/- under section 366 of I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of 5,000/- under section 376 of I.P.C.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that PW2 Mohd Jan Salmani lodged First Information Report (Ex A-2) stating that his minor daughter Rizwana (PW1) was kidnapped by accused/appellant Radheshyam Sharma, and for eight months he took her to various places, and ultimately left in a pregnant condition at Moradabad. On the basis of said report Crime No. 270 of 2009 was registered at Police Station Someshwar, relating to offences punishable under section 363, 366 and 376 of I.P.C., against accused Radheshyam Sharma. The crime was investigated by PW7 Sub Inspector R.C. Makholiya who got the girl medically examined. PW3 Dr. Savita Hyanki examined the girl on 18.05.2009, and found that she was carrying 28 weeks foetus. PW4 Dr. Chandra Mohan Singh, Radiologist, on the basis of the radiological tests opined in his report that the girl was aged 17 years. After interrogating the witnesses, and on completion of investigation, the Investigating Officer submitted charge sheet (Ex-A10) against the accused Radheshyam Sharma for his trial in respect of offences punishable under section 363, 366 and 376 of I.P.C.