PREM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 27.08.2003, passed by Additional District and Sessions Judge/1st F.T.C., Haridwar, in Sessions Trial No. 386 of 1995, whereby the said court has convicted accused Prem (appellant) under Sections 363, 366-A and 376 (1) I.P.C., and sentenced him to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 1,000/- under Section 363 I.P.C., rigorous imprisonment for a period of three years and directed to pay fine of Rs. 1,000/- under section 366-A I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 3,000/- under section 376 (1) I.P.C., and in default of payment of fine further simple imprisonment for a period of three months. By the same judgment and order, the trial court has convicted co-accused/ appellants Hukum Singh and Ramesh under Sections 363, 366-A and 376 (1) I.P.C., and sentenced them to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 1,000/- under Section 363 I.P.C., rigorous imprisonment for a period of three years and directed to pay fine of Rs. 1,000/- under section 366-A I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 3,000/- under section 376 (1) I.P.C, and in default of payment of fine further simple imprisonment for a period of three months. It was directed that all the sentences shall run concurrently. It was also directed that the prosecutrix Manwar Nisha shall be entitled to receive half of the fine imposed upon the accused.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 06.02.1993, P.W.1 Mustaq Ahmad (father of the prosecutrix) gave a written report at Police Station, Jawalapur, district Haridwar, stating therein that his daughter, namely, Manwar Nisha has filled the form of Intermediate from Jawalapur Kanya Pathshala. From 05.02.1993 till 14.02.1993, she was supposed to attend some class, for which on 05.02.1993, she went to the school situated at Jawalapur. He stated that he, himself, dropped her at the city bus at Bus Stand Shahpur. At that time, she was with her two friends. Mamta and Santosh also went by bus. He stated that his daughter did not return back till evening. He stated his daughter s age around sixteen and half years. When he went to the house of Mamta at 5:00 p.m. and inquired, then Mamta met him and told him that Manwar Nisha had accompanied them upto Jawalapur. Just outside the School, Prem, son of Bakhtawar, resident of Mohammadpur Kunhari, Police Station Laksar, met her and she (Manwar Nisha), by telling that she would just return back, went with him, but she did not return back. He stated that a lot of search was made, but till that time his daughter could not be traced. In the said complaint, the complainant requested to lodge an F.I.R. and to take legal action in the matter. Treating said report dated 06.02.1993 as F.I.R., Crime No.42 of 1993 was registered at Police Station Jawalapur against the accused/appellant Prem relating to offences punishable under Sections 363 and 366 I.P.C. Investigation was taken up by P.W.6 S.I. Naresh Chand Jauhari, who interrogated the witnesses and started investigation. During investigation, the prosecutrix, Manwar Nisha, was handed over to her father on 21.06.1993. Her statement was recorded before the Magistrate. The victim disclosed the name of co-accused involved in the crime. The Investigating Officer submitted charge sheet against the accused relating to offences punishable under Sections 363, 366 and 376 I.P.C.