HIMANSHU SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant U/s 374(2) Cr.P.C. against the impugned judgment and order dated 21.07.2014 passed by learned Sessions Judge/ Special Judge (POCSO Act), Nainital in Sessions Trial No.06 of 2014, State Vs. Himanshu Sharma, convicting and sentencing the appellant three years' rigorous imprisonment with a fine of Rs.5,000/- under Section 363 IPC, five years' rigorous imprisonment with a fine of Rs.10,000/- under Section 366-A IPC, two years' rigorous imprisonment under Section 506 IPC and ten years' rigorous imprisonment with a fine of Rs.20,000/- under Section 4 of the Protection of Children from Sexual Offences Act,2012.

(2.) Brief facts of the case are that on 11.12.2013 at about 6:15 a.m. complainant-Ranjit Singh Rawat gave a complaint to Police Station-Lalkuan stating therein that he is resident of Village-Talaur, P.O. Dewal, District Chamoli. Due to ill-health on 05.12.2013 he came for treatment to his relatives in Indranagar-2, Bindukhatta, Lalkuan. His daughter Km. Sonam Rawat, aged about 14 years, who is studying in class VIIIth also came along with him to take care of him. Suddenly on 07.12.2013 his daughter disappeared and after lot of efforts to locate her it came to the know that she has been kidnapped by a boy known as Himanshu Sharma, who works in Dewal.

(3.) On the basis of written information, FIR No.150 of 2013 was lodged on 11.12.2013 at 6:15 a.m. at P.S. Lal Kuan, Haldwani, District-Nainital, under Sections 363, 366 IPC against Himanshu Sharma and investigation was conducted.