DALIP KUMAR ALIAS DALLI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A complaint (Ext. Ka-1) was written by Jawahari Lal against accused Ramesh Lal, Dalli Lal (non-appellant), Anand Lal and Semru Lal before the Sub Divisional Magistrate, Pauri Garhwal alleging that accused persons /opposite parties kidnapped his daughter, aged 14 years. It was alleged that the accused persons kidnapped the minor daughter of the applicant on 18.03.1998, at 3:00 p.m., when the applicant was not in his house and had gone to earn his livelihood. Accused persons kidnapped her when she had gone in the field to cut the grass. School going children saw the victim in the company of the accused no. 1 on 18.03.1998. All the accused persons are closely related to each other.

(2.) On the basis of said complaint, first information report was registered in PS Kandarsuen, sub district Thalisain, District Pauri Gahrwal on 19.03.1998, at 7:00 p.m., as regards offences punishable under Sections 363 & 366-A IPC. The informant and the victim (his daughter) belonged to SC community. The victim was recovered from the possession of appellant Dilip Kumar alias Dalli on 19.03.1968, recovery memo (Ext. Ka-2) whereof was prepared. The Investigating Officer prepared the site plan of the place of recovery, took the statements of the witnesses, got the victim examined by the Medical Officer and after being satisfied that the accused persons committed the crime, submitted the charge sheet (Ext. Ka-10) against Ramesh Lal, Dalli Lal, Anand Lal and Semru Lal and Dalip Kumar (appellant). The case was committed to the Court of Sessions.

(3.) When the trial commenced and prosecution opened it's case, charges against all the accused persons were framed regarding the offences punishable under Sections 363/149, 366A and 376/149 IPC. A separate charge in respect of offence punishable under Section 368 IPC was framed against the accused appellant Dalip Kumar alias Dalli. All the accused persons pleaded not guilty to the said charges and claimed trial. Prosecution examined five witnesses, namely, PW 1 Jawahari lal, PW 2 Ikeshwari (victim), PW 3 Dr. Savitri Uniyal, PW 4 Rajendra Singh and PW 5 Kundan. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they replied that they were falsely implicated in this case. No evidence was given in defence.