HAKIM ALI AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 09.03.2004/ 10.03.2004 passed by Sessions Judge, Udham Singh Nagar Rurdrapur in Sessions Trial No. 266 of 2000 whereby both appellants were found guilty for the offence punishable under Section 363 IPC and were sentenced to undergo 3 years rigorous imprisonment and to pay fine of Rs. 5000/- each and in default of making payment of fine, to undergo additional imprisonment of one year under Section 363 IPC.

(2.) Brief facts of the present case, inter alia, are that PW3 Bhup Ram, father of prosecutrix PW1, lodged an FIR on 07.04.2000 to the effect that he was a resident of village Sahadora, Police Station Kiccha, District Udham Singh Nagar; house of the appellant no. 1 Hakim Ali was in the vicinity of his house; appellant no. 1 used to come in front of his house; appellant no. 1 teased his daughter earlier too; incident of teasing was reported to the family members of appellant no. 1; in the night of 01.04.2000 appellant no. 1 took his daughter along with him by deceitful means; Manmohan Singh, son of Salik Ram and Manmohan Singh, son of Babu Ram, resident of village Sahadora could see the prosecutrix in the company of appellant no. 1 on the next morning at about 7.00 a.m. at Kiccha Rudrapur Tiraha; PW3 searched prosecutrix in the house of relatives, however, could not find prosecutrix; on 05.04.2000 Manmohan, son of Salik Ram and Manmohan, son of Babu Ram told him that they saw prosecutrix in the company of appellant 1 on 02.04.2000, thereafter, PW3 spoke to the father of appellant no. 1 and father of appellant no. 1 told him that if his son was involved, he would assure return of his girl; he was kept on waiting for his daughter on the assurance extended by the father of appellant no. 1, however, prosecutrix did not return; later on, one Cheda Lal, son of Ram Lal told PW 3 that Tahir, son of Rahman, took Hakim Ali and prosecutrix, on his motorcycle; Tahir was also involved in enticing away his girl by deceitful means.

(3.) On the report of PW3, check FIR was registered on 07.04.2000. Investigation was handed over to SI S.P. Singh PW5. Prosecutrix was recovered on 09.04.2000 and she was medically examined by Dr. Amita Upreti (PW5) and her statement was recorded under Section 164 Cr.P.C. on 13.04.2000.