DINESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under section 374 (2) of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 17.05.2012, passed by Additional Sessions Judge/ Fast Track Court, 1st Rudrapur, District Udham Singh Nagar, in Session Trial No. 93 of 2006, whereby said court has convicted accused/appellant Dinesh under Section 363, 366 and 376 IPC. He has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 5,000/- under Section 363 IPC, rigorous imprisonment for a period of five years and directed to pay fine of Rs. 5,000/- under Section 366 IPC and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/- under Section 376 IPC. In default of payment of fine accused/appellant is directed to undergo simple imprisonment for a period of three months. It is further directed that all the sentences shall run concurrently.

(2.) Prosecution story, in brief, is that P.W.2 Jograj (informant/ father of the victim) submitted a typed report at Police Station Rudrapur, District Udham Singh Nagar on 31.01.2006, stating therein that on 23.01.2006, at about 8:00 pm, accused/appellant Dinesh (S/o Angan Lal) aged 30 years, resident of Near Kali Mandir Rampura, Rudrapur, District Udham Singh Nagar), enticed her 12 years' old daughter away. At about 9:00 am, Shri Hori Lal and Shri Jogendra Singh Chauhan, who have shops in Dudhiya Mandir, saw both of them at Indrachowk. On the basis of said report, FIR No. 206 of 2006 was registered relating to offences punishable under section 363 and 366 IPC against accused Dinesh. Investigation was taken up by Sub-Inspector K.R. Tamta. On 08.02.2006, accused Dinesh was apprehended by the police at Gaba Chauraha, Kashipur and the girl was recovered from his possession. The Investigating Officer prepared site plan, recovery memo of kidnapped Rajrani and arrest of the accused Dinesh. Thereafter, the girl was sent to Jawahar Lal Nehru Hospital, Rudrapur, Udham Singh Nagar. P.W.3 Dr. Parul Goyal conducted medical examination of the girl and prepared a report. She referred the girl for radiological examination on which P.W.5 Dr. Lalit Singh Toliya, Radiologist, on 13.02.2006, conducted radiological examination of the girl, and opined that the girl was aged between 14-17 years. On 13.02.2006, the statement of the victim was recorded under section 164 Cr.P.C. by the Magistrate. On completion of investigation, the Investigating Officer submitted charge sheet against accused/appellant Dinesh for his trial in respect of charge of offences punishable under section 363, 366, 376 IPC.

(3.) The Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, on receipt of the charge sheet, after giving necessary copies to the accused, as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, Rudrapur, District Udham Singh Nagar, on 06.06.2006, after hearing the parties framed charge of offences punishable under section 363, 366 and 376 IPC to which accused Dinesh pleaded not guilty, and claimed to be tried.