SANJU @ SANDEEP TAMTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 08.12.2014 passed by learned Special Sessions Judge, Chamoli in Special S.T. No.03 of 2014, State vs. Sanju @ Sandeep Tamta, whereby, the appellant-accused was found guilty for the offence punishable under Section 363 IPC and sentenced to undergo five years' R.I. with fine of Rs.5,000/-. Appellant was also found guilty for the offence under Section 3/4 of the Prevention of Children from Sexual Advances Act, 2012 (hereinafter to be referred as 'the Act'), and sentenced to undergo ten years' R.I., with fine of Rs.10,000/-, along with default stipulations of fine under both the sections. All the aforesaid sentences were directed to run concurrently.

(2.) Brief facts of the present case, inter alia, are that the complainant Ganga Devi gave written information at RoP Pipalkoti (Chamoli) on 27.12.2013, mentioning therein that on 25.12.2013, she along with her family had gone to see 'Pandav-Leela' in the village. Her daughter (prosecutrix) was sitting with Sanju and Ankush Panwar of the village. At 9 PM, when she began to return, his daughter was not found there. A suspicion was raised in the FIR that Sanju (appellant herein) with the help of co-accused Ankush has taken her away.

(3.) On the basis of the above report of the complainant, the case was registered under Sections 363, 366, 120-B of the Indian Penal Code. The Investigating Officer during investigation prepared the site map after inspecting the place of occurrence and submitted the charge-sheet against the appellant under Sections 363, 366, 376 IPC and also under Section 3/4 of the Act.