KALAWATI W/O SHANTI Vs. UPPER SESSIONS JUDGE AND ORS
LAWS(UTN)-2012-12-147
HIGH COURT OF UTTARAKHAND
Decided on December 19,2012

Kalawati W/O Shanti Appellant
VERSUS
Upper Sessions Judge And Ors Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 23.12.2000, passed by Additional Sessions Judge, Kashipur, in Sessions Trial No. 382 of 2000, whereby said court has acquitted the accused/respondent no.2 Udai Raj, respondent no.3 Kewal, respondent no.4 Rampal, respondent no.5 Chandra Pal and respondent no. 6 Babu, from the charge of offences punishable under section 363 and 366 of I.P.C.
(2.) Heard learned counsel for the parties present, and perused the lower court record.
(3.) Prosecution story, in brief, is that, Geeta (court witness) is daughter of PW1 Kalawati (complainant/appellant). On 22.07.2000, a First Information Report was given by the complainant/appellant Kalawati, at the Police Station Kashipur, complaining that on 19.07.2000 at about 7.00 am, his daughter Geeta (court witness) had gone to ease out herself, but did not return back. She (Kalawati) alleged in the First Information Report that accused Udai Raj, Kewal, Rampal, Chandra Pal and Babu enticed away her minor daughter with intention to compel her to marry. On the basis of said report Crime No. 1076 of 2000, at Police Station Kashipur, was registered against the aforesaid five accused in respect of offences punishable under section 363 and 366 of I.P.C. After investigation, charge sheet was filed against all the five accused Udai Raj, Kewal, Rampal, Chandra Pal and Babu for their trial in respect of offences punishable under section 363 and 366 of I.P.C.;


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