DINESH LAL 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 18. 05. 1993 passed by Sessions Judge, pauri Garhwal in Sessions Trial No. 65 of 1991, state Vs. Dinesh Lal, whereby the learned sessions Judge has convicted the appellant/accused under Section 363 of The Indian penal Code, 1860 (hereinafter to be referred as I. P. C.) and sentenced him to two years' r. I. However, the appellant/accused was acquitted for the offences punishable under sections 366/376 IPC.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) IN brief, the prosecution case is that P. W. 3 dayalu lodged an FIR stating therein that appellant-accused Dinesh Lal used to wander around his house so as to entice his daughter. He warned the appellant-accused not to wander towards his house 1-2 times. On 31. 10. 1990, the complainant's daughter Km. Mamta had gone to school, however she did not come back home. In the meantime, Manik lal and Rakesh Lal informed the complainant that they saw the appellant/accused near the school of victim. Then the complainant also searched his daughter but when he could not succeed, he lodged the report on 01. 11. 1990 at 12:30 P. M. at P. S. Srinagar (Garhwal), i. e. Ex. Ka-2. On the basis of this report, H. M. Indra Singh Bisht prepared the chik FIR, i. e. Ex. Ka-5. He also made entry in the G. D. , the copy of which is Ex. Ka-6. Investigation of this case was entrusted to s. I. Kshetra Singh, who recovered the victim km. Mamta on 4. 11. 1990 behind the house of complainant and prepared the Fard, i. e. Ex. Ka-7. Victim Km. Mamta was medically been examined on 5. 11. 1990 at 6:30 P. M. and her medical report Ex. Ka-8 was prepared. X-ray report is Ex. Ka-1 and Pathology report is Ex. Ka-9. The final opinion given by the m. O. Govt. Hospital, Srinagar Garhwal regarding medical examination of victim is ex. Ka. 10. The I. O. also prepared the site plan of place of recovery of victim, i. e. Ex. Ka-1. During investigation, the I. O. recorded the statements of witnesses and on completion of investigation, he filed the charge sheet against the appellant/accused Dinesh lal @ Lassi, i. e. Ex. Ka-3. Formal proof of medical report Ex. Ka-8, Pathology report ex. Ka-9 and report regarding final opinion of victim Ex. Ka-10 was dispensed with by the counsel for the accused.