VARUN CHANDAN Vs. UT OF J AND K

JUDGEMENT

(1.) Instant criminal appeal under Sec. 410 Cr.PC is directed against judgment of conviction dtd. 20/12/2021 and order of sentence dtd. 21/12/2021 rendered by the Court of ld. Principal Sessions Judge Rajouri in file No. 04/Challan titled "State v/s Varun Chandan" where under appellant/convict has been found guilty of commission of offence u/s. 363 RPC and sentenced to imprisonment of three (03) years and also fine in the sum of Rs.25,000..00

(2.) Feeling aggrieved of the impugned judgment of conviction, appellant/convict has assailed it's correctness, propriety and legality on the grounds, that as a result of miss-appreciation of facts and misapplication of law so far as the finding of the trial court relating to holding appellant guilty of having committing of offence under Sec. 363 RPC and convicting him of the same is bad in the eyes of law; that the trial court has held that neither offence under Sec. 376 RPC nor offences under Sec. 67/67-B of the IT Act have been proved against appellant/accused by the prosecution, but the trial court suddenly from nowhere held in Para 62 of the judgment that appellant is guilty of kidnapping the prosecutrix and used the very expression, "kidnapping by misleading one"; the statement of 2 Crl A(S) 21/2021 prosecutrix which is itself a self-contradictory would indicate the alleged story of kidnapping as no such allegation was even legally made which would tantamount to kidnapping in the case, and even the prosecution has not established the minority of the prosecutrix; that the promise made by one Arun Sapotra with the prosecutrix in her childhood to marry her could not materialize which had become the basis for alleged prosecution story and even the said Arun Sapotra has been acquitted by the ld. Juvenile Court; that no case was made out by the prosecution, yet the trial court from nowhere held appellant guilty of offence under Sec. 363 RPC.

(3.) Alongwith the appeal, appellant/convict has filed an application under Sec. 426 Cr.PC for suspension of conviction and sentence pending the hearing of appeal, with further prayer for ordering his release on bail.