STATE OF UTTARANCHAL Vs. RITESH KAPIL AND OTHERS

JUDGEMENT

(1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 13.09.2005, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 184 of 2002, whereby accused-respondents Ritesh Kapil, Priyank Sharma and Geeta were acquitted of the charge of offences punishable under Section 364, Section 302 of IPC read with Section 34 of IPC, Section 201 of IPC and Section 120B of IPC.

(2.) One Dr. Vijay Singh Rana wrote a missing report (Ext. Ka-1) to Station Officer, Police Station Raipur, Dehradun on 10.07.2002 stating therein that his niece Anusuya Negi, who was residing in the rented accommodation of one Dayal Singh was missing since 08:30 A.M. of 09.07.2002. Anusuya Negi was a student of Uttarakhand Medical Institute. She was often seen with her friend Geeta. When Dr. Vijay Singh Rana enquired from Geeta, she said that Anusuya met her on 08.07.2002 in the evening. Her whereabouts were not known after that.

(3.) Subsequently, a complaint (Ext. Ka-2) was written by Ummed Singh Negi (PW2), father of the missing girl, on 15.07.2002 in Police Station, Raipur, Dehradun. In his complaint, Ummed Singh Negi made a reference of the missing report lodged by Dr. Vijay Singh Rana (local guardian of the victim) stating therein that when Dr. Rana informed the complainant (PW2) that Anusuya was missing, he (PW2) immediately came to Dehradun from New Tehri. Ummed Singh Negi also made enquiries and came to know that on 09.07.2002, the motorcycle of Ritesh Kapil (accused) was seen outside the house of Geeta (coaccused) by Navneet Rathi. Anusuya often used to visit Geeta's house. Ritesh Kapil also used to come there. On some previous occasion, Ummed Singh Negi scolded Ritesh Kapil. The complainant (PW2) suspected that due to this very reason, Ritesh Kapil in connivance with Geeta might have eloped his daughter Anusuya. On the basis of said complaint, Chik FIR (Ext. Ka-8) was lodged on 15.07.2002, at 06.35 P.M., in Police Station Raipur, which was registered as Case Crime No. 95 of 2002 in respect of offences punishable under Sections 363 and 366 of IPC against accused persons Ritesh Kapil and Geeta.