MANOJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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 17.09.2011 passed by Addl. Sessions Judge/1st F.T.C., Haldwani, District Nainital in Sessions Trial No. 24 of 2010 'State vs. Manoj Kumar', whereby accused/appellant has been convicted under Section 363, 366 and 376 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for seven years each under Section 363, 366 and 376 I.P.C. with fine of Rs. 500/- under each offence and in default of payment of fine, imprisonment for one month for each default.

(2.) Heard learned counsel for the parties and perused the Lower Court's Record.

(3.) The facts, leading to filing of appeal, are that on 28.10.2009 at 5:35 p.m., complainant PW-1 Santlal Sahu-father of Km. Anuradha (victim) submitted a written report (Ext. A-1) scribed by Manoj Sagar before the Station House Officer, Police Station, Haldwani, District Nainital with the assertion that on 26.10.2009 at 5:30 a.m. his daughter Km. Anuradha Sahu-aged 15 years, studying in Class IX had gone for morning walk and when she did not return for a considerable time, a search was made out at every possible place as well as in all relations, but all search attempts failed. On 28.10.2009, Ramnath S/o Shyamlal resident of Chaudhary Colony, Bareilly Road and Ms. Gitika D/o Udai Kshetriya resident of Chaudhary Colony informed that they had seen his daughter going alongwith the accused/appellant Manoj S/o Sukhiram resident of Chaudhary Colony at roadways bus station. It is asserted that the complainant is confident that the accused by enticing his daughter took her away. On the basis of said report, Chick F.I.R. (Ext. A-6) was prepared and a case crime no. 469 of 2009 was registered against the accused/appellant under Section 363/366 I.P.C. and an entry was made in the General Diary (Ext. A-7). Investigation of the case was entrusted to PW-7 Sub Inspector M.P. Singh, who during investigation recorded statement of the witnesses and after making spot inspection, prepared site plan (Ext. A-8). During investigation, the Investigating Officer, on 06.11.2009, recovered Km. Anuradha from the possession of the accused/appellant and prepared recovery memo Ext.A-9. The Investigating Officer also prepared site plan (Ext. A-10)-the place from where the girl was recovered. On 06.11.2009 at 12:15 p.m., medical examination of Km. Anuradha was conducted by PW4 Dr. Usha Jangpangi, Medical Officer, Female Hospital, Haldwani. In the medical examination report (Ext. A-2) the doctor reported that 'Pubic hair were well developed; labia majora & minora were well developed; hymen was not intact; old healed edges of hymen; two fingers were easily admitted on p/v examination; no fresh bleeding; no marks of any injury; no redness; no swelling and no bleeding present'. The doctor advised for X-ray of her wrist, elbow and knee joints for confirmation of her age. Vaginal smear slide was taken for examination for presence of spermatozoa. In the supplementary medical examination (Ext. A-3) the doctor reported that as per the radiological examination, the age of the lady was more than 18 years. X-ray report of the Radiologist is Ext. A-12 on the record. Statement of the girl under Section 164 Cr.P.C. was recorded. After the matter was investigated upon, it culminated into filing of charge sheet (Ext. A-11) against the accused/appellant under Section 363,366 and 376 I.P.C.