GURMUKH SINGH Vs. STATE OF UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) In the present revision, filed under Section 397/401 Cr.P.C., judgment and order dated 25.08.2005 passed by the Sessions Judge, Nainital in Sessions Trial No. 80 of 2004 whereby respondents were acquitted from the charges punishable under Section 363, 366, 376 IPC is under challenge.

(2.) Brief facts of the present case, inter alia, are that revisionist / informant has lodged an FIR on 20.01.2004 with police station Ramnagar, District Nainital alleging that in the intervening night of 19th /20th January, 2004 all the family members including prosecutrix Satvinder Kaur went to sleep in their residential house, at about 04.00 a.m. informant noticed that prosecutrix Satvinder Kaur was not present in the house; it seems that Satvinder Kaur, daughter of informant, was induced / enticed away by Sonu Bisht, son of Inder Singh Bisht from lawful guardianship of the informant; on inquiry, it was found that Sonu Bisht was also missing from his house; Satvinder Kaur had also taken away with her two gold bangles, ear-rings and Rs. 5,000/- cash. On that report, a chik FIR under Section 363, 366 IPC was registered.

(3.) During the course of investigation, prosecutrix Satvinder Kaur and Sonu Bisht (respondent no. 2) were arrested from Bus Stand of Kashipur at about 08.00 a.m. on 30.01.2004. Satvinder Kaur was medically examined by Dr. Nupur Sinha (PW3) and her statements were got recorded under Section 164 Cr.P.C. Having investigated the matter, police submitted charge-sheet against respondent no. 2 under Section 363, 366, 376 IPC while against respondents no. 3 and 4 under Section 363, 366 IPC only.