SANDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 6/4/2016, passed in Special Sessions Trial no. 21 of 2014, State Vs. Sundeep by the Court of District and Sessions Judge, Pauri Garhwal. By the impugned judgment and order, the appellant has been convicted under Ss. 363, 376, 506 IPC and Sec. 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 (for short, "the Act") and sentenced as hereunder:-

(2.) Prosecution case, briefly stated is as follows:-The victim girl of 17 years of age left her house at 10:30 in the morning on 14/6/2014. A search was made, but she could not be traced. The father of the victim, who is PW2 lodged an FIR on the same day at 1:25 PM at Police Station Kotdwar. Based on which, Case Crime No. 101 of 2014, under Sec. 363 IPC was lodged against unknown person. On 30/9/2014, when the victim was spotted with the appellant at the Railway Station, Kotdwar, she was taken by her father PW2 with him. The appellant managed to run away. The statement of the victim was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 (for short, "the Code"). She was medically examined on 1/10/2014 at the Government Combined Hospital, Kotdwar. The Investigating Officer ("IO") prepared the site plan and after investigation, submitted charge sheet against the appellant, under Sec. 366 and 376, 506 IPC and Sec. 5/6 of the Act. On 24/11/2014, charge under Ss. 363, 376, 506 IPC and Sec. 5 (l)/6 of the Act were framed, to which, the accused pleaded not guilty and claimed trial.

(3.) In order to prove the case, the prosecution examined as many as five witnesses, namely, PW1. the victim, PW2 father of the victim, PW3 Dr. Sangeeta Negi, PW4 Sub Inspector, Manoj Kumar and PW5 Uma Dabral.