ARUN SETHI Vs. STATE OF UTTARAKHAND

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 6.8.1999 passed by Sessions Judge, Udham Singh Nagar in ST. No.53/98, State Vs. Arun Sethi, whereby the learned Sessions Judge convicted the accused/appellant u/s 366 of The Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced him to undergo rigorous imprisonment for a period of six years with a fine of Rs.3,000/-. In default of payment of fine, one year's imprisonment was further awarded. The accused/appellant was further convicted u/s 376 IPC and was sentenced to ten years' R.I. with a fine of Rs.5,000/- and in default of payment of fine, one year's additional imprisonment was also directed. Both the sentences were directed to run concurrently. It was also ordered that out of the fine, Rs.4, 000/- shall be paid to the victim-Sonia.

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

(3.) In brief, the prosecution case is that on 19.10.1997 Vikas Chand lodged a report at P.S. Kotwali, Kashipur stating therein that his sister Sonia, aged about 17 years had gone to Santoshi Mata Temple on 10.10.1997 but has not returned back till today. He and his family tried to search her but all was in vain. He further stated that he has come to know that Arun Sethi (accused/appellant), by enticing his sister, has taken her away and in that conspiracy Subhash Sindhi and sister inlaw (BABHI) of Subhash, namely, Smt. Neelam Sindhi are also involved. With the same averments, the First Information Report was lodged at P.S. Kashipur, District Udham Singh Nagar by Vikas Chand, brother of the victim, on 19.10.1997 at 09:10 PM, that F.I.R. is Ext.Ka-1. On the basis of this F.I.R., Chik F.I.R. of the case was prepared by Constable Clerk Vikram Singh, which is Ext.Ka-8. Necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-9. The investigation of this case was entrusted to Sub Inspector R.C. Sharma. On 22.11.1997 victim Km. Sonia along with the accused/ appellant was recovered by the Police at Roadways Bus Stand, Kashipur. The recovery memo Ext.Ka-4 was prepared by the I.O. and the entries in this regard were made in the G.D., carbon copy of which is Ext.Ka-10. On 23.11.1997 at 01:30 PM, the victim was medically examined by PW4 Dr. Lili Khanna, Medical Officer, who prepared her medical report i.e. Ext.Ka-2. Xray of the victim was also conducted and on the basis of X-ray report, supplementary report Ext.Ka-3 of the victim was prepared by the same medical officer. During the course of investigation, the I.O. recorded the statements of the witnesses; prepared the site-plan Ext.Ka-5 of the place from where the girl was recovered; and also recorded the statement of victim u/ s 164 Cr.P.C. on 29.11.1997, which is Ext.Ka- 6. On completion of the investigation, the I.O. submitted the charge sheet against the accused/appellant u/Ss 363/366/376 IPC, that charge sheet is Ext.Ka-7.