ABHISHEK RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The complainant respondent No. 2 herein, who is the father of the victim has registered an FIR, being FIR No. 105 dtd. 15/12/2021 for the offences under Sec. 365 IPC, whereby he has given a report about her missing daughter, who was said to be found missing w.e.f. 14/12/2021. He has submitted, that despite of the best efforts made by him, the victim could not be recovered, nor her whereabouts were known to the complaint.

(2.) Admittedly, in the FIR it reflects, that the age of the victim, as it was declared by the complainant was 16 years. The matter was put to investigation and a Chargesheet, being Chargesheet No. 4 of 2022 has been submitted, whereby the present applicant has been named in the Chargesheet, on the basis of the statement of the victim. As a consequence thereto it has resulted into introduction of the offence under Ss. 363, 366 and 376 of IPC and Sec. 3/4 of the POCSO Act.

(3.) What is important here is that the introduction of the aforesaid offences as per the observations which has been made by the Investigating Officer in his report, is that it was on the statement of the victim, when she was recovered, the aforesaid offences were introduced to have been commissioned by the present applicant Abhishek Rana. The relevant part of the Chargesheet is extracted hereunder:-