SUNILKUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Informant Bhuvnesh Kumar wrote a complaint to Inspector Incharge, PS Kotwali Jaspur, on 10th May, 2011, enumerating the facts contained therein that on 05.05.2011, co-villager Sunil Kumar alias Sonu S/o Bhagat Ram kidnapped his brother Chandrabhan's daughter Menka alias Neha, aged 14 years. Bhuvnesh Kumar stated that he belonged to Diewala. He has been searching for the missing girl Neha, since morning of 08.05.2011. The missing girl was seen in the company of Mulakhraj and Dharmveer by the villagers on 08.05.2011, at about 5:00 p.m.

(2.) Chik FIR was lodged in PS Jaspur, on 10th May, 2011, at 7:30 a.m. The same was registered as case crime no. 62 of 2012, under Sections 363 & 366A IPC. After the investigation, charge sheet against accused-appellant Sunil Kumar was submitted for the offences punishable under Sections 363, 366A and 376 IPC in the Court of Magistrate.

(3.) When the trial began and prosecution opened it's case, charge in respect of selfsame offences was framed against accused Sunil Kumar alias Sonu, to which he pleaded not guilty and claimed trial. Nine witnesses, namely, PW 1 Km. Neha, PW 2 Bhuvnesh, PW 3 Chandra Bhan, PW 4 Mulakhraj, PW 5 Dr. Archana Chauhan, PW 6 SI Revti Nandan Datt, PW 7 Dr. T.K.Pant, PW 8 Aakesh Kumar and PW 9 SSI Dhirendra Kumar were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he said that he was falsely implicated in the case. He also said that he was physically challenged person, who suffered from polio.