TARA DATT SHARMA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P.C.), is directed against the judgment and order dated 16.3.1994 passed by IIIrd Additional Sessions Judge, Nainital in Sessions Trial No. 314/1991, State Vs. Tara Dutt Sharma, whereby the learned IIIrd Additional Sessions Judge has convicted the accused/appellant -Tara Dutt Sharma under Sections 363, 366 and 376 of Indian Penal Code, 1860 (hereinafter to be referred as the I.P.C.) and sentenced him to undergo three years' R.I. u/s 363 IPC, five years' R.I. u/s 366 IPC and ten years' R.I. u/s 376 IPC. It was also directed that all the sentences shall run concurrently. I have heard Sri R.S. Sammal, learned counsel for the appellant as well as Sri M.A. Khan, learned brief holder for the State and perused the entire material available on record.

(2.) IN brief, the prosecution case is that Girish Chandra lodged the F.I.R. at Police Station Lalkuwan on 19.10.1990 with the averment that he had gone to Lalkuwan for his personal work and his mother had gone to field for cutting grass. When he came back to his house then his mother told him that his sister Usha was not in the home since 10 A.M. Then Ravindra Kumar and Pooran Chandra Joshi of the village informed him that her sister was going with the appellant/accused towards Haldwani by bus. With the same averments, he lodged the F.I.R. at Police Station Lalkuwan, district Nainital on 19.10.1990 at 4:05 P.M. That F.I.R. is Ext. Ka -1. On the basis of this F.I.R., Chik F.I.R., i.e., Ext. Ka -5 was prepared by Head Mohirror Chotte Khan. The necessary entry was also made in the G.D., carbon copy of which is Ext. Ka -6, The investigation of this case was entrusted to Sub Inspector, Sri Jitendra Kumar Tyagi, who during the course of investigation recovered the victim Usha on 20.10.1990 and the FARD was prepared, i.e., Ext. Ka -2. Victim Usha was medically examined by Dr. Urmila Joshi, Medical Officer and the X -ray of the victim was also conducted. The X -ray report is Ext. Ka -3 and the medical report is Ext. Ka -4. During the course of investigation, the I.O. prepared the site -plan of the place of occurrence, i.e., Ext. Ka -7. The I.O. also recorded the statement of the witnesses and after completing the investigation he filed the charge sheet against the appellant/accused u/Ss 363/366/376 IPC. That charge sheet is Ext. Ka -9.

(3.) IT appears from record that learned Sessions Judge transferred the case to IIIrd Additional Sessions Judge, Nainital for disposal according to law.