PRADEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 31.05.2010 passed by the Special Judge, Uttarkashi in Sessions Trial No. 02 of 2010, State v. Pradeep whereby, the appellant was found guilty for the offence punishable under Section 3(1)(xii) of the Scheduled Castes & Scheduled Tribes Act, 1989, and was sentenced to undergo two years' rigorous imprisonment and to pay fine of Rs. 5,000/-, in default of payment of fine, further to undergo three months' simple imprisonment. However, the appellant was acquitted for the offence u/s 366 and 376 IPC.

(2.) Brief facts of the present case, inter alia, are that the complainant Jagdish Lal gave a written information at Police Station-Purola on 18.11.2009 mentioning therein that his daughter aged about 20 years is missing since 12.11.2009. They searched a lot for her but could not find her so far. Therefore, the report of missing of the girl may be lodged.

(3.) On the basis of the above report of the complainant on 29.12.2009 at 17:55 PM in the evening naming the accused Pradeep along with Jayendra Singh, Gurudev Singh and Sobat Singh, the case was registered under Sections 366, 376, 504, 506, 120-B of the Indian Penal Code and under Section 3(1)(x)(xii) S.C. and S.T. Act. It was entered in the General Diary in the Police Station-Purola, District Uttarkashi. The Investigating Officer during investigation prepared the site map after inspecting the place of occurrence and took the photographs of the place of occurrence.