PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.1.2008 and order dated 7.1.2008 rendered by the learned Sessions Judge, Kinnaur Sessions Division at Rampur in Sessions Trial No. 8 of 2005, whereby the appellant, Pawan Kumar, who was charged with and tried for offences punishable under Sections 363, 366A and 506 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for two years with a fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for two months under Section 363 of the Indian Penal Code. He has been acquitted of the offences punishable under Sections 366A and 506 of the Indian Penal Code.

(2.) The case of the prosecution, in a nutshell, is that on 27.3.2004, PW2 Tek Singh, resident of Village Riwali, Tehsil Kumarsain lodged a report at Police Station Kumarsain that his daughter, prosecutrix (PW1) aged about 15 years, had gone to appear in the examination at Government High School, Duttnagar, Tehsil Rampur on 26.3.2004, but she did not return from the school to home. He made enquires about her in the village. He was told by daughter of one Dalip Kumar of Village Nirath that the prosecutrix had been kidnapped by the appellant Pawan Kumar in a van No. HP-06-3075, who had taken her towards Shimla. On the basis of report, case was registered under Sections 363, 366A and 506 of the Indian Penal Code against the appellant. Investigation was completed by PW16 ASI Bhagat Singh. During investigation, it was found that driver of Taxi No. HP-01A-3178 along with appellant and the prosecutrix was arrested under Sections 41(2) and 109 Cr.P.C. at Police Station East Shimla. PW16 ASI Bhagat Singh visited the Police Station, East Shimla and conducted investigation of the case. The appellant was arrested and the prosecutrix was handed over to her parents. The appellant and the prosecutrix were got medically examined. Date of birth certificate of the prosecutrix was obtained. Thereafter, all the codal formalities were completed and the challan was put up against the appellant in the Court.

(3.) The prosecution examined as many as sixteen witnesses in support of its case. Statement of the appellant was also recorded under Section 313 Cr.P.C. He pleaded innocence and claimed trial. He examined DW1 Sukh Dev in his defence. Learned trial court convicted and sentenced the appellant, as noticed hereinabove. Hence, this appeal.