STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. PRADEEP KUMAR S/O UMA NAND SINGH
HIGH COURT OF UTTARAKHAND
State Of U P (Now State Of Uttarakhand)
Pradeep Kumar S/O Uma Nand Singh
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(1.) This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 17.12.1999, passed by 3 rd Additional Sessions Judge, Dehradun, in Sessions Trial 2 No. 114 of 1997 and Sessions Trial No. 208 of 1996, whereby said court has acquitted the accused/respondents Pradeep Kumar, Asgar and Manoj @ Tota from the charge of offences punishable under Section 363/34, 366A/34 and 376 of I.P.C.
(2.) Heard learned counsel for the appellant and learned Amicus Curiae, for the respondents and perused the lower court record.
(3.) Prosecution story, in brief, is that on 12.05.1996, at about 2.00 P.M. accused/respondents Manoj @ Tota, Pradeep and Asgar kidnapped Km. Poonam, aged 14 years from the lawful custody of her parents from the Village Sabhawala, within the limits of Police Station Sahaspur, District Dehradun. After she was kidnapped for the purposes of seducing her to illicit intercourse, the three accused took the girl to various places and finally she was recovered from the possession of the accused/respondent No.3 Manoj @ Tota on 11.06.1996. A First Information Report was lodged on 21.05.1996, by PW2 Budh Singh (father of the girl) at Police Station Sahaspur, against the three accused, on the basis of which, Crime No. 301 of 1996 was registered, relating to offences punishable under Section 363 and 366 of I.P.C. Investigation was taken up by PW8 Sub-3 Inspector R.K. Nagar. The Investigating Officer interrogated the witnesses, got the girl medically examined and also got recorded the statement of the girl Km. Poonam (PW1) under Section 164 of Cr.P.C. before the Magistrate. On completion of investigation, charge sheet (Ex. A10) was filed by the Investigating Officer against the accused/respondent Tota @ Manoj Kumar and accused/respondent Asgar, for their trial in respect of offences punishable under Section 363, 366A and 376 (g) of I.P.C. A separate charge sheet (Ex. A12) was filed against the accused Pradeep Kumar for his trial in respect of aforesaid offences.;
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