RAJAN SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the convict through the Jailor, District Jail, Haridwar, against the judgment and order dtd. 10/9/2014 passed by Second Addl. Sessions Judge, Haridwar in Sessions Trial No. 05 of 2013, whereby the learned Sessions Judge has convicted the accused/appellant under Sec. 363 and 376 (2)(f) of The Indian Penal Code (for short IPC). The accused/appellant has been sentenced to rigorous imprisonment for a period of three years under Sec. 363 IPC with fine of Rs.1,000.00 and ten years rigorous imprisonment with fine of Rs.1,000.00under Sec. 376(2)(f) IPC and in default of payment of fine, further imprisonment for six months has been awarded.

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

(3.) Prosecution story, in brief, is that Constable Anurag Singh Rawat lodged an F.I.R. stating that on 11/8/2012 when Constable Anurag Singh Rawat and Constable Yashwant Agarwal were on night patrolling, at about 2 p.m., one Rajesh Kumar, who was the driver of 108 Ambulance and known to them, informed them that one suspicious person is going towards Rodibelwala platform and he is holding a child in his lap. After receiving his information, the complainant moved towards Rodibelwala platform and saw a man holding 2- 3 years child in his lap. These constables caught the accused at about 2.10 am and enquired about his name and address, on which he told that he picked the child from Subhas Ghat, Har ki paidi. In the meantime, one lady, man and a boy, arrived, who introduced them as parents and brother of child. It is stated that recovery memo (Ext.A1) was prepared the accused was arrested. On the basis of report, chik F.I.R. (Ext.A4) was prepared and Case Crime No. 482 of 201 was registered against the accused/appellant under Sec. 363 of IPC. Investigation was taken up by P.W.10 Sub Inspector Manmohan Singh. He recorded the statement of witnesses, prepared the site plan, got conducted medical examination of victim and the accused, and also recorded statement of accused. On the basis of medical examination of victim, the I.O. added Sec. 376(2) in the report against the accused, and on completion of investigation, submitted charge sheet (Ex. A11) against accused/appellant under Sec. 363 and 376 (2)(f) IPC.