RAM BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred under section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) against the judgment and order dated 18.6.1986 passed by Additional Sessions Judge, Dehradun in Sessions Trial No. 102 of 1985, State v. Ram Bahadur, whereby the learned Additional Sessions Judge has convicted appellant Ram Bahadur under sections 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as IPC and awarded sentence of five years' R.I. under section 366 I.P.C. and seven years' R.I. under section 376 I.P.C and it has been directed that both the sentences shall run concurrently.

(2.) IN brief, the prosecution case is that complainant Ram Singh lodged an F.I.R. at Police Station Dalanwala, District Dehradun on 8.7.1985 at 8.15 PM with the allegation that his daughter Km. Shobha was missed from the House on 7.7.1985 at 6.00 AM and he had searched his daughter in the house of his relatives and at various places in the city but he could not trace his daughter anywhere. The F.I.R. is Ex. Ka-3 and on the basis of this FIR, a chick report was prepared by Head Moharir Gaje Singh i.e. Ex.Ka-8. The entry in the G.D. was made, the carbon copy of the G.D. is Ex.Ka-14. The investigation of the case was en­trusted to S.I. lal Singh. Km. Shobha was recovered by the police on 28.7.1985 and the recovery memo was prepared, that re­covery memo is Ex.Ka-7 and the entry was made in the G.D., the carbon copy of the G.D. is Ex.Ka-9. The accused-appellant was also arrested on 28.7.1985 along with the victim Km. Shobha at the Railway Station, Dehradun. Underwear of appellant-Ram Bahadur was taken into possession by the Investigating Officer and Fard was pre­pared, that, Fard is Ex.Ka-6 and underwear of victim Km. Shobha was also taken into possession by the Investigating Officer and Fard was prepared, that Fard is Ex.Ka-5. Victim Km. Shobha was medically exam­ined by the Medical Officer at Government Women Hospital, Dehradun on 28.7.1985 at 4.25 PM, the copy of the medical report is Ex. Ka-1. After that supplementary medical report was prepared by the Medical Officer Government Women Hospital, Dehradun on 30.7.1985, that report is Ex. Ka-2. After the medical examination victim Km. Shobha was given in the Supurdagi of her mother Smt. Shanti Devi and Supurdagi-nama was also prepared i.e. Ex.Ka-4. Senior Pathologist, Doon Hospital, Dehradun also submitted report i.e. Ex.Ka-10. Radiologist, Doon Hospital, Dehradun-also submitted report i.e. Ex.Ka-11. During the course of the investigation the Investigating Officer prepared a site plan of the place of recov­ery of victim Km. Shobha, that site plan is Ex.Ka.12. The report submitted by the Sci­entific Officer is Ex.Ka-15. After completing the investigation the Investigating Officer submitted the charge-sheet on 28.8.1985 against the appellant under sections 363, 366 and 376 I.P.C. in the Court of A.C.J.M., Dehradun, that charge-sheet is Ex.Ka-13.

(3.) LEARNED Sessions Judge framed charges against appellant under sections 366 and 376 IPC on 10.12.1985 'and the charges' were read over and explained to the appellant who pleaded not guilty and claimed to be tried.