STATE OF UTTARAKHAND Vs. DEPU DAS
LAWS(UTN)-2012-12-14
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on December 20,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Depu Das Respondents

JUDGEMENT

- (1.) Present Government Appeal was preferred by the State of Uttarakhand against the Judgment and Order dated 31.05.2007 passed by learned Sessions Judge, Pauri Garhwal in Sessions Trial No. 50 of 2003, whereby accused-respondent Deepu Das was acquitted of the charge of offences punishable under Sections 363, 366 and 376 IPC and accused-respondent Sona Das was acquitted of the charge of the offence punishable under Section 120-B IPC.
(2.) A missing report (Ext. Ka-1) was written by Matwar Lal to Patti Patwari Siton Suin, District Pauri Garhwal on 16.08.2003. In the missing report, it was written by the informant that his daughter Seeta, aged 17 years, went to purchase household goods in local market along with Veena Devi and Deepu Das on 31.07. 2003, at 11:00 a.m. While Veena Devi returned to her house but Seeta and Deepu Das did not return. Informant Matwar Lal expressed apprehension that Deepu Das eloped Seeta.
(3.) On the basis of said first information report, which was registered as case crime no. 01/2003, under Sections 376, 366 & 363 IPC in Patti Siton Suin, the investigation began. PW 5 Vikram Singh Gagwari, Patwari of the Patti concerned, prepared site plan (Ext. Ka-9) and started making a search for the victim. The investigation was thereafter transferred to PW 6 Ganesh Chandra Dhoundiyal, who recovered the victim and prepared recovery memo (Ext. Ka-10) of the same. PW 6 took the statements of victim and accused-respondents viz., Deepu Das and Sona Das, referred the victim for medical examination and finally on being satisfied with the fact that the accusedrespondents viz., Deepu Das and Sona Das committed the offences, submitted charge-sheet (Ext. Ka-11) against them.;


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