MOHD. HARIS @ AAYEN @ ARYAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ADDITIONAL evidence i.e. School Leaving Certificate issued by the Principal, Sadhana Shishu Niketan Ram Bagh, Herbertpur, District Dehradun, is accepted on record. The Misc. application (I.A. No. 3724 of 2013), made therefor, is disposed of. This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 12.08.2009 passed by Addl. District & Sessions Judge/IVth Fast Track Court, Dehradun in Sessions Trial No. 97 of 2008 "State v. Mohd. Haris @, Aayen @.Aryan", whereby the accused/appellant Mohd. Haris @ Aayen @ Aryan has been convicted under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for short LP. C.) and has been sentenced to undergo rigorous imprisonment under Section 376 of I.P.C. for a period of seven years and directed to pay fine of Rs. 5,000/ -, and in default of payment of fine further simple imprisonment for a period of six months, rigorous imprisonment under Section 363 of I.P.C. for a period of one year and directed to pay fine of Rs. 1,000/, and in default of payment of fine further simple imprisonment for a period of one month, rigorous imprisonment under Section 366 of I.P.C. for a period of one year and directed to pay fine of Rs. 1,000/, and in default of payment of fine further simple imprisonment for a period of one month. It was directed that all the sentences shall run concurrently.

(2.) PROSECUTION story, in brief, is that on 16.06.2008, P.W. 2 Ram Bahadur (father of the prosecutrix) gave a written complaint at Police Station, Dakpatthar, Vikas Nagar, stating therein that on that day i.e. on 16.06.2008 at around 05:00 p.m., Mohd. Haris @ Aryan S/o. Shri Femuddin, Ashabagh, Thana Vikas Nagar has enticed away her daughter Km. Basanti. It is stated in the written complaint that his daughter is the student of Class IX and her age is around 15 years. In the said complaint, the complainant requested to lodge an F.I.R. Treating said report dated 16.06.2008 as F.I.R., Case Crime No. 16 of 2008 was registered at R.O.P. Dakpatthar, Police Station Vikas Nagar, District Dehradun against the accused/appellant Mohd. Haris @ Aryan relating to offences punishable under Sections 363 and 366 I.P.C. After the matter was investigated upon, it culminated into filing of charge sheet against the accused under Sections 363, 366 and 376 I.P.C. Upon hearing the parties, learned Special Judge N.D.P.S., Dehradun framed charge of offences punishable under Sections 363, 366 and 376 I.P.C. against the accused, to which the accused pleaded not guilty and claimed to be tried. To prove its case, the prosecution got examined P.W. -1 Km. Basanti, P.W. -2 Ram Bahadur, P.W. -3 Rajendra Singh, P.W. -4 H.S. 152 Soban Singh, P.W. -5 S.I. Mahendra Singh, P.W. -6 Dr. Sujata Singh and P.W. -7 Dr. G.S. Rana. Statements of the accused under Section 313 Cr.P.C. were recorded. The accused did not produce any evidence in defence.

(3.) P .W. -2 is Ram Bahadur, who lodged the F.I.R. at police Station. This witness proved the F.I.R. P.W. -5 is S.I. Mahendra Singh, Investigating Officer. P.W. -6 is Dr. Sujata Singh, Medical Officer, who conducted medical examination of the victim.