BASANT RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred by the Appellant Under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code of Criminal Procedure), is directed against the judgment and order dated 5.9.2002 passed by the Additional Sessions Judge, Fast Track Court, Pithoragarh in Sessions Trial No. 21 of 2000, State v. Basant Ram whereby the learned Additional Sessions Judge has convicted the Appellant -Basant Ram under Section 366 and 376 of Indian Penal Code, 1860 for short, I.P.C. and sentenced him to undergo three years' R.I. under Section 366 I.P.C. and three years' R.I. under Section 376 I.P.C. It was also directed that both the sentences shall run concurrently.

(2.) IN brief, the prosecution case is that PW -2 Ramesh Ram has lodged an FIR in the police station Kotwali, Pithoragarh on 28.4.2000 at 7.25 AM with the averments that on 20.4.2000 at 10 AM Appellant -accused Basant Ram has taken his daughter Kumari Vimla (PW -1) aged about 13 years from his house by enticing her. On the third day of the said incident, the complainant Ramesh Ram came to know that the Appellant -accused had taken his daughter to Chakarpur by enticing her. Then the complainant reached at the house of the Appellant -accused on 23.4.2000 where he came to know that his daughter Kumari Vimla has been kept inside a locked room and he was not allowed to meet his daughter. The Appellant -. accused threatened him for his life and asked him to go away from there.

(3.) LEARNED Chief Judicial Magistrate, after giving the necessary copies of the documents to the Appellant -accused as prescribed under Section 207 Code of Criminal Procedure, committed the case to the Court of Sessions on 9.6.2000. Learned Sessions Judge transferred the case to the Additional Sessions Judge, Fast Track Court, Pithoragarh for its trial according to law.