MOHD ISHTYAK @ CAPTAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this jail appeal, the judgment and order of conviction dated 1/9.10.2014 rendered by the Sessions Judge, Haridwar has been assailed whereby the appellant was found guilty for the offences under Section 363, 366-A, 376 IPC as well as for the offence of Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'Act'). He has appropriately been sentenced.

(2.) The prosecution facts, as have been narrated in the First Information Report, are that on 12.7.2013, the parents of the girl had gone out of their house on account of some personal work. The victim Km. Payal, aged about 15 years, was all alone in the house. When the parents returned in the evening, they did not find their daughter in the home. All efforts were made to search the whereabouts of Km. Payal. During the course of such inquiry, Mr. Ved Prakash and Mr. Jagdish, who are also the relatives of the father of the girl, informed that around 3-4 PM on that day, Km. Payal was seen accompanying Mohd. Ishtyak and his two other friends out of the village. Since the matter was serious, pertaining to a minor girl, hence instead of reporting the incident immediately, they continued their efforts to search the girl in order to save the family from the social stigma, but when nothing positive could come out, then they were constrained to lodge the FIR on 18.7.2013. FIR is Ex. Ka-1, which was initially registered by the police for the offences of Section 363 and 366-A IPC against the accused Mohd. Ishtyak and his other unknown friends. Chick FIR is Ex. Ka-5.

(3.) The police came into motion and the accused Mohd. Ishtyak along with the kidnapped girl was arrested on 24.7.2013 on the Kaliyar Road nearby the engineering college in the vicinity of Roorkee and Haridwar. Arrest-cum-recovery memo is Ex. Ka-9. Km. Payal was taken to the District Hospital for the medical examination on the same day where she was examined by Dr. Shanti Negi. Since the urine was found positive for the pregnancy, so, to determine the conception as well as the estimation of age, she was referred to for the ultrasound test. This medical examination report is Ex. Ka-4 and ultrasound report is Ex. Ka-2, in which a foetus of around 8 weeks was found in the womb of the girl by the radiologist.