KANTI DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated 14.08.2012, passed by Additional Sessions Judge, Almora, in Sessions Trial No. 3 of 2007, whereby the said court has convicted accused Gulab Singh (appellant) under Sections 363, 366-A and 376 I.P.C., and sentenced him to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 5,000/- under Section 363 I.P.C., rigorous imprisonment for a period of four years and directed to pay fine of Rs. 5,000/- under section 366-A I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 20,000/- under section 376 I.P.C., and in default of payment of fine further simple imprisonment for a period of one year.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 15.11.2006, P.W.3 Shri Sunder Lal Verma (father of Km. Kamini Verma-victim no.2) gave a written report at Police Station Bhatrojkhan, stating therein that on 12.11.2006, he lodged a missing report of his daughter Km. Kamini Verma aged 14 years and another girl Km. Meena Karakoti D/o Balam Singh at the Police Station. He reported that on 11.11.2006, both above named minor girls have been enticed away by Vinod Singh resident of Nanpara, Bahriach, his wife Smt. Kanti Devi, his brother Ramkishan and his brother-in-law Gulab Singh, who used to do Chiran work at Ghatti area, and Kripal Singh, who was tenant at Ghatti, and the said accused either may cause some obnoxious incident with minor girls or may sell them. He stated that some residents of Machod have seen the said accused taking the girls away. In the complaint, the complainant requested to take necessary action against the above named accused and to recover the minor girls. He also reported that on 11.11.2006 at around 09.00 a.m., the accused took the girls away. On the basis of said report, Case Crime No.220 of 2006 was registered at Police Station Bhatrojkhan, District Almora against the accused/appellants Gulab Singh and Smt. Kanti Devi as well as against Vinod Singh and Ramkishan (not appellant herein), relating to offences punishable under Sections 363 and 366-A I.P.C. Initially investigation was entrusted to S.O. Chandra Singh Bisht, who interrogated the witnesses and started investigation. Thereafter, investigation was handed over to S.O. Sanjay Singh Garbiyal, who after completion of investigation submitted charge sheet against the accused/appellants Gulab Singh, Smt. Kanti Devi and Ramkishan (not appellant herein), for their trial in respect of offences punishable under Sections 363, 366-A and 376 I.P.C.