SUNIL KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 28.02.13 passed by Additional Sessions Judge, Almora in Sessions Trial No. 23 of 2012 whereby appellant was held guilty for the offences punishable under Section 363, 366, 376 IPC and was sentenced to undergo 3 year rigorous imprisonment and to pay fine of Rs. 3,000/- and in default of making payment of fine, to undergo 3 months additional simple imprisonment under Section 363 IPC; sentenced to undergo 5 year rigorous imprisonment and to pay fine of Rs. 5,000/- and in default of making payment of fine, to undergo 6 months additional simple imprisonment under Section 366 IPC; and sentenced to undergo 7 year rigorous imprisonment and to pay fine of Rs. 10,000/- and in default of making payment of fine, to undergo 1 year additional simple imprisonment under Section 376 IPC with the stipulation that all the sentences shall run concurrently.

(2.) Brief facts of the present case, inter alia, are that PW3 Chandan Joshi lodged an FIR on 13.02.2012 with Mahila police station, Almora stating therein that his younger sister PW4 (prosecutrix) left the house on 01.02.2012 at about 12.00 noon without informing anybody; missing report was lodged with police station Someshwar on 02.02.2012 at 01.20 p.m.; when police was investigating on the missing report; meanwhile, it came to his knowledge that Sunil Kumar, resident of Bakeniya, spoke to prosecutrix on her mobile no. 9458993128 from his mobile no. 9012107962; he induced her by deceitful means to leave her house; after taking her to his house, appellant got prosecutrix married with his younger brother Sonu on 09.02.2012; prosecutrix was recovered by the police. On the report of PW3, chick FIR no. 1 of 2000 was got registered under Section 363, 366 IPC against the appellant and his younger brother Sonu.

(3.) Having investigated the matter, Investigating Officer PW6 ASI Hema Gunwant submitted charge-sheet against the appellant and his younger brother for the offence punishable under Section 363, 366, 368, 376 IPC while against his father Chotey Lal charge-sheet was filed under Section 363, 366, 368 IPC.