GIRIRAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Jail appeal, is preferred against the judgment and order dated 07.02.2019, passed by the learned District & Sessions Judge, Chamoli in Sessions Trial no. 11 of 2017, State vs. Giriraj whereby the learned trial court has convicted the appellant under section 363 and 366 IPC and sentenced him five years rigorous imprisonment with fine of Rs. 5,000/- under section 363 IPC and also sentenced him five years rigorous imprisonment under section 366 IPC with fine of Rs. 10,000/-

(2.) Brief facts, of the case, are that PW1-informant submitted information with Revenue Inspector, Simlasu, Tehsil Pokhri, District Chamoli on 13.04.2014. On the basis of said information, chik FIR (Ex.A1) at 2:30 p.m., was lodged on the very same day. After investigation charge sheet was submitted on 04.07.2017 against the present appellant. Accordingly, the concerned Magistrate took the cognizance on 07.07.2017. After compliance with the provision of section 207 Cr.P.C., the case was committed to the court of Sessions. Accordingly, the concerned Sessions Judge framed the charges under section 363 and 366 IPC on 21.04.2017. The appellant denied the allegations and claimed to be tried.

(3.) To prove its case, the prosecution produced PW1 informant, PW2 mother of the prosecutrix, PW3 uncle of the prosecturix, PW4 prosecutrix, PW5 Arjun Kumar Shah, Lecturer Government Inter College, who proved the date of birth of the prosecutrix (Ex. A3), PW6 Jaideep Singh, who proved the FIR (Ex. A1), PW7 Mukesh Singh, witness of the recovery PW8 Kulveer Singh, PW9 Constable Kiran Kumar and PW10 Madan Lal, Revenue Inspector, who investigated the matter and prepared site plan (Ex. A6). He recorded the statements of the witnesses and after completion of the investigation submitted charge sheet (Ex.A11).