BRIJ KISHORE JHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT appellant, by way of present appeal, is assailing judgment and order dated 05.11.2011, passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 157 of 2010 whereby learned trial court has found the appellant guilty for the offences punishable under Sections 363, 366 and 376 IPC and has sentenced him to serve rigorous imprisonment for a period of five years for an offence punishable under Section 363 IPC; to serve rigorous imprisonment for five years for an offence punishable under Section 366 IPC; and to serve rigorous imprisonment for a period of seven years for an offence punishable under Section 376 IPC with the stipulation that all the sentences shall run concurrently. The brief facts of the present case, inter alia, are on 11.04.2010, PW1 father of the prosecutrix has lodged a report with the police stating therein that on the previous evening of 10.04.2010, he had gone for labour work while her wife had gone to vegetable market; appellant in their absence had kidnapped their minor girl Anita aged about 12 years by inducement; search was made for Anita but in vain; since the informant was having suspicion on the appellant, therefore, informant had phoned the appellant on his mobile number 9997082652; the phone was picked by the appellant and he had told him that he was at Gaziabad and Anita was with him and he was going to Delhi; appellant had also given phone to Anita, who spoke on phone to her mother; when informant tried to make contact with appellant on the residential phone, the same was reported to be switched off, therefore, police should help him to trace his daughter.

(2.) HAVING investigated the matter, police submitted a charge -sheet against appellant for the offences punishable under Sections 363, 366 and 376 IPC. After the committal of the case, learned trial court has framed charges against the appellant, who denied all the charges and claimed trial.

(3.) I have heard Mr. Devesh Upreti, learned counsel for the appellant and Mr. Raman Kumar Sah, Mr. Vipul Painuli, AGAs with Mr. Hari Om Bhakuni, Brief Holder for the State and have carefully perused the record.