Decided on September 04,2012

Indar Pal, S/O Mohan Lal Appellant
State Of U P (Now Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 20.09.2000, passed by learned Special Judge (E.C. Act)/ Additional Sessions Judge, Nainital, in Sessions Trial No. 447 of 1995, whereby said court has convicted accused/appellant Indar Pal under section 366, 376 IPC. The accused/appellant Indar Pal has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 5000/- under section 366 IPC, and rigorous imprisonment for a further period of five years and directed to pay fine of Rs. 3,000/- under section 376 IPC.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel for the State and perused the lower court record.
(3.) Prosecution story in brief is that a first information report is lodged by P.W.1 Devendra Singh on 06.07.1995, with Police Station Kichha stating that his niece Rajvindra Kaur was staying with him but on 04.07.1995, at about noon she has been enticed away by accused/appellant Indar Pal and co-accused Jagjit Singh@ Raju (since deceased). The three were seen going together by P.W. 2 Harbajan Singh and P.W. 5 Nishan Singh. On the basis of said report (Ex. A1) crime no. 304 of 1995, was registered in respect of offence punishable under section 363 IPC, against the aforesaid two accused. Investigation was taken up by P.W. 6 S.I. Virendra Pal Singh Rawat who interrogated the witnesses and started investigation. During investigation the girl (Rajvindra Kaur) was recovered on 08.07.1995. She was medically examined on the very day by P.W. 7 Dr. Shanti Devi and for determination of her age she was referred to the radiologist. P.W. 9 Dr. P.C. Kapri (Radiologist), after radiological examination, gave his report (Ex. A10). On the basis of said report the Gynecologist Dr. Shanti Devi prepared supplementary report on 24.07.1995, and opined that the girl was aged 17 years. On pathological examination, done by P.W. 8 Dr. C.S. Hyanki, no spermotozoa were found in the slides. On conclusion of investigation, the Investigating Officer submitted charge sheet (Ex. A4) against both the accused Indar Pal and Jagjit Singh @ Raju.;

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