RINKU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal preferred by the appellant from jail is directed against the judgment and order dtd. 10/11/2020, passed by learned Special Sessions Judge, Bageshwar in Special Sessions Trial No. 13 of 2020, State Vs. Rinku @ Radhey, whereby the trial court vide the impugned judgment and order has convicted and sentenced the accused - appellant as follows:-

(2.) Facts in brief are that the mother of victim lodged a report Ex. Ka-5 at Chauki Kameri Devi, Police Station Kanda on 26/4/2020, District Bageshwar stating therein that her daughter aged 16 years had gone somewhere in the noon of 24/4/2020 without informing anyone and when her son searched for her daughter, it was revealed that the victim used to converse with the appellant. Rinku @ Radhey, a J.C.B. driver who was a tenant of Rajendra Singh Bisht s/o of Madhu Singh Bisht of our village. While searching, when the informant went to the house of Rajendra Singh, the appellant was found there, who on being inquired stated that he would get the victim. Meanwhile son of the informant was going inside the house to look for the victim, but Rajendra Singh did not allow him to enter the house. Taking advantage of this situation, the appellant fled-away enticing her daughter, who was minor.

(3.) On the basis of the aforesaid report a chick FIR Ex. Ka-3 was registered against the appellant on 26/4/2020 at about 12:30 hours under Ss. 363 and 366 IPC against appellant and a Case Crime No.13 of 2020 was registered. During investigation, the victim was recovered on 27/4/2020 at 22:50 hours near Chaman Thal village. She was medically examined on 28/4/2020 in District Hospital, Bageshwar. Her statement under Sec. 164 Cr.P.C. was recorded on 30/4/2020. The Investigation Officer prepared the spot map of the house of the victim as well as that of the place of occurrence. The appellant was arrested; blood sample of appellant and that of the victim were sent to the Forensic Science Laboratory for the purpose of DNA examination. The victim was given in the custody of her mother; and, thereafter, on completion of the investigation, a charge-sheet Ex. Ka-14 was filed against the appellant in the Court.