INDER SINGH 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 Cr.P.C.), is directed against the judgment and order dated 16.11.2005 passed by the Additional Sessions Judge/7th FTC, Dehradun in Sessions Trial No. 164/2001, State v. Inder Singh and Anr., whereby the learned Additional Sessions Judge has convicted the appellant/accused Inder Singh under Sections 363, 366 and 376 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to undergo seven years' R.I. under Section 363 IPC and ten years' R.I. under Section 366 IPC as well as ten years' R.I. under Section 376 IPC. Fine of Rs. 10,000/ - was also imposed upon the appellant/accused and in default, he was directed to undergo one year's additional imprisonment. It was also directed that all the sentences shall run concurrently. It was further directed that Rs. 5,000/ - shall be paid to the victim Km. Phullo Kumari out of the amount of fine of Rs. 10,000/ -. However, co -accused Amrit was acquitted by the trial court for the charges levelled against him under Sections 363 and 366 IPC.

(2.) IN brief, the prosecution case is that PW1 Jay Nath Kumar lodged an FIR Ex. Ka -1 on 10.8.2001 at 8.10 pm at police station IDPL, Rishikesh, District Dehradun with the averment that the appellant/accused Inder Singh had taken away his sister Km. Phullo Kumari, aged 12 years, with himself by enticing her at 9 am on that day i.e. 10.8.2001. On the basis of this FIR, chick FIR Ex. Ka -2 was prepared by Head Constable Shiv Kumar Singh (PW4) on the same day. Necessary entries were made by him in the GD. Copy of GD is Ex. Ka -3. Investigation of this case was entrusted to S.I. Ahivaran Singh (PW5). Lateron investigation was transferred to S.I. Sunder Lal (PW7). Victim Km. Phullo Kumari (PW2) was recovered on 12.8.2001 at about 3 pm at Natraj Chauraha by S.I. Ahivaran Singh and fard of recovery Ex. Ka -5 was prepared. Appellant/accused Inder Singh and the co - accused Amrit (acquitted by the trial court) were arrested on the same day and arrest memo Ex. Ka -4 was prepared. Entry in this regard was also made in the GD, copy of which is Ex. Ka -6. Victim Km. Phullo Kumari was medically examined at Govt. Hospital, Rishikesh by Dr. Sushmita Vemra (PW6) on the same day i.e. on 12.8.2001 at 5 pm, who also prepared the medical report Ex. Ka -8. Supplementary report Ex. Ka -9 was also prepared by her. Victim Km. Phullo Kumari was given in the supardgi of her mother Kaushlya Devi (PW3) and her brother Jay Nath Kumar (PW1) and the supardginama Ex. Ka -7 was prepared. During the course of investigation, the I.O. inspected the place of occurrence and prepared the site plan Ex. Ka -11. Attested copies of application for admission Ex. Ka -12 and admission registers Ex. Ka -13, Ka -14 & Ka -15 and school leaving certificate Ex. Ka -16 as well as date of birth certificate Ex. 1 and leaving certificate Ex. 2 have been produced to prove the date of birth of victim Km. Phullo Kumari, according to which her date of birth is 8.4.1989. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka - 10 against the appellant/accused and the co -accused (acquitted by the trial court).

(3.) ON 9.11.2001, learned Sessions Judge framed the charges against the appellant/accused Inder Singh under Sections 363, 366 & 376 IPC and the co -accused Amrit under Sections 363 and 366 IPC. The charges were read over and explained to the appellant -accused and the co - accused (acquitted by the trial court), who pleaded not guilty and claimed to be tried. Thereafter the case was transferred to Additional Sessions Judge/7th FTC, Dehradun for its disposal according to law. 5. To prove its case, the prosecution has examined PW1 Jay Nath Kumar, the complainant; PW2 Km. Phullo Kumari, the victim; PW3 Kaushlya Devi, mother of the victim; PW4 Head Constable Shiv Kumar Singh, who prepared the chick FIR and made necessary entries in the GD; PW5 S.I. Ahivaran Singh, the I.O. of the case; PW6 Dr. Sushmita Verma, who medically examined the victim Km. Phullo Kumari and prepared the medical report and the supplementary report; PW7 S.I. Sunder Lal, who subsequently took over the investigation from PW5 S.I. Ahivaran Singh; PW8 Devendra Singh Sajwan, Clerk, Saraswati Vidya Niketan Jr. High School, Rishikesh and PW9 Smt. Krishna Devi, Principal In -charge, Primary School, Pashulok, Rishikesh to prove the age and date of birth of victim Km. Phullo Kumari from the records of their respective schools.