RAKESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 04.09.2013 passed by 3rd Additional Sessions Judge, Haridwar in S.T. No.232 of 2013, whereby the accused/appellant has been convicted under Sections 363, 366A and 376(2)(n) of the Indian Penal Code, 1860 (for short, IPC). He has been sentenced to rigorous imprisonment for a period of five years along with fine of Rs.1,000/- u/s 363; five years' R.I. along with fine of Rs.1,000/- u/s 366A and ten years' R.I. along with fine of Rs.2,000/- u/s 376(2)(n). All the sentenced were directed to run concurrently.

(2.) Prosecution story, in brief, is that on 18.10.2012 the complainant/father of the prosecutrix submitted a missing report of his daughter, aged 16 years, at P.S. Kotwali Manglaur, District Haridwar.

(3.) On receipt of charge sheet, Addl. Civil Judge (S.D.)/Judicial Magistrate Roorkee, committed the case to the court of Sessions, after giving necessary copies to the accused, as provided under Section 207 of Cr.P.C. On 21.08.2013, 3rd Addl. Sessions Judge, Haridwar, framed charge of offence punishable under sections 363, 366A and 376 of IPC against the accused/appellant, to which he pleaded not guilty and claimed to be tried.