JITENDRA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the common questions of law and fact are involved in these appeals, hence all these appeals are taken up together and decided by this common judgment.

(2.) These appeals are instituted against the judgment dated 30.01.2014 rendered by the First Additional Sessions Judge, Rishikesh (Dehradun) in Sessions Trial No.97 of 2010, whereby, all the appellants /accused, (hereinafter referred as 'the accused'), who were charged with and tried for the offences punishable u/s 373 r/w Sec. 34 IPC, were convicted u/s 373 r/w Section 34 Penal Code and sentenced to undergo five years' imprisonment with fine of Rs.5,000.00 each and in default of payment of fine, to undergo additional imprisonment for four months.

(3.) Case of the prosecution, in a nutshell, is that an F.I.R. was lodged by PW3 Jai Prakash Mishr. It was stated in the F.I.R. that a man had come on 8.2008 at 2 PM at Hotel Uttaranchal, Dehradun Road, Rishikesh. He booked the Room No.102. In the guest register, he mentioned his name S.K. Sharma, T.H.D.C. Ltd., Koteshwar. He alone stayed in the room. Thereafter, at 11:30 in the night, three more men and two women came in the hotel. They went in Room No.102. Thereafter, Mr. S.K. Sharma came at the reception and demanded one more double-bed room. Then the receptionist PW2 Vaibhav Bhatt gave them Room No.107. After that one Dinesh, who was staying in Room Nos.108 and 109, came at the reception and informed PW2 that the persons occupying Room No.107 were misbehaving and they were under the influence of alcohol. PW3 Jai Prakash Mishr, the Manager of the Hotel, was apprised of the situation at 3 a.m. by PW2 Vaibhav Bhatt. PW3 went to Room No.107. He peeped into the room and saw that lot of damage had been caused to the property. He saw the occupants of the room in naked and semi-naked condition and committing obscene acts. They were also involved in prostitution.