DEEPAK ALIAS DEEPU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.1.2013 passed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in Sessions Case No. 5-B/VII/2012 whereby the appellant has been convicted and sentenced to rigorous imprisonment for three years and a fine of Rs. 1,000/- for offence under section 363 of the Indian Penal Code and in default of payment of fine, the convict was ordered to undergo simple imprisonment for three months. The appellant was also convicted and sentenced to rigorous imprisonment for four years and a fine of Rs. 2,000/- under section 367 of the Indian Penal Code and in default of payment of fine he was ordered to undergo simple imprisonment for six months. He was also convicted and sentenced to simple imprisonment for six months under section 323 of the Indian Penal Code.

(2.) "Key facts" necessary for the adjudication of this appeal are that on 6.11.2011, minor Dipanshu (PW-6) had gone to play in the Mela Ground, Baijnath nearby his house. At about 6.30 P.M. when the minor did not come back to his house, his family searched for him. He was found with the accused at Railway Crossing, Ganesh Bazaar, Baijnath by his brother Amandeep at about 8.30 P.M. The accused had kidnapped minor from Mela Ground, Baijnath to tea garden at Pantehar via Ustehar. The accused had purchased a bottle of liquor and Namkeen at Ustehar. The accused had given teeth bites on the lips and cheeks of Dipanshu in tea garden at Pantehar. The accused had caused simple injuries on the cheeks and lips of Dipanshu by giving teeth bites. F.I.R. was registered. The police investigated the matter. Dipanshu was medically examined. The police put up the challan before the trial court after completing all the codal formalities.

(3.) The prosecution examined as many as 11 witnesses to prove its case. The accused was also examined under section 313 of the Code of Criminal Procedure. The trial court convicted and sentenced the accused under sections 363, 367 and 323 of the Indian Penal Code, as stated aforesaid.