SATBIR @ PIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appeal is preferred by the appellant challenging the judgment and order dated 08.05.2012 passed by Additional Sessions Judge/1st FTC, Roorkee, District Haridwar in Sessions Trial No. 392 of 2009 whereby appellant was found guilty for the offence punishable under Section 363, 366, 376 IPC and sentenced to undergo 5 years rigorous imprisonment and to pay fine of Rs. 1000/ - and in default of payment of fine, to undergo one month's additional imprisonment under Section 363 IPC; to undergo 5 years rigorous imprisonment and to pay fine of Rs. 2000/ - and in default 6f payment of fine, to undergo two months additional imprisonment under Section 366 IPC and; to undergo 7 years rigorous imprisonment and to pay fine of Rs. 3000/ - and in default of payment of fine, to undergo three months additional imprisonment with the stipulation that all the sentences shall run concurrently. Brief facts of the present case, inter alia, are that PW2 lodged an FIR on 20.10.2008 with police station Mangalore, District Haridwar to the effect that he had gone to take out sand on 15.10.2008 leaving her daughter alone in the house, meanwhile, appellant and his brother Lakhan came to his house and by inducing her, they had taken her on their motorcycle somewhere; when he came to his house, then only he came to know that appellant and his brother had taken his daughter on motorcycle somewhere; he believed that parents of appellant were also involved in the incident.

(2.) HAVING registered the FIR, police commenced the investigation. PW1 Prosecutrix was recovered on 22.10.2008 and thereafter, her statement under Section 161 Cr.P.C. were recorded and she was medically examined by PW4 Dr. Nisha Gupta. Having investigated the matter, police submitted a charge -sheet against the appellant for the offences punishable under Section 363, 366, 376 IPC. After committal of the case to the Court of Session, charges were framed against the appellant for the offences punishable under Section 363, 366, 376 IPC. Appellant did not admit the charges and claimed trial.

(3.) THE trial court, having perused the material available before it, passed the impugned judgment and order.