PRAKASH KUMAR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Appeal is directed against the judgment of the Learned Sessions Judge, South and West Sikkim at Namchi dated 06-05-2011 in S. T. Case No.19 of 2008 (hereinafter referred to as the "impugned judgment") by which the Appellant has been convicted and sentenced under Sections 363/376 of the Indian Penal Code.

(2.) (i) The prosecution case, in brief, is that on 14- 02-2008 a FIR was lodged in the Melli Police Station by one Shiva Kumar Chettri, P.W.1 of Sadam Suntaley, South Sikkim stating that his daughter Darpana Chettri whose date of birth was 21-05-1992 had suddenly gone missing since 9 p.m. of Sunday, i.e., 11-02-2008. After some searching, it was learnt that she had been kidnapped by the Appellant, Prakash Kumar Chettri, son of Shri Gopal Chettri, resident of Adampool, East Sikkim, who is a Home Guard working in the Melli Police Thana and that his wife had informed that the Appellant had kept the girl in his quarters for the whole night.

(3.) On charges being framed by the Learned Trial Court, the Appellant pleaded not guilty and claimed for trial.