STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. MAUSAM S/O KRIPA RAM
LAWS(UTN)-2012-9-146
HIGH COURT OF UTTARAKHAND
Decided on September 10,2012

State Of U P (Now State Of Uttarakhand) Appellant
VERSUS
Mausam S/O Kripa Ram 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 24.02.1999, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 262 of 1996, whereby said court has acquitted the accused/respondent Mausam from the charge of offences punishable under Section 363, 366 and 376 I.P.C.
(2.) Heard Learned counsel for the parties. (Lower Court record is reported to have been weeded out).
(3.) The prosecution story, in brief, is that PW1 Bebi is daughter of PW2 Rajpal. On 09.05.1995, PW2 Rajpal lodged first information report (Ex.-A1) at Police Station Jhabrera complaining that his daughter PW1 Bebi, who was minor, was kidnapped by accused/respondent Mausam. The said accused was seen, taking the girl by PW3 Chatar Singh and one Tara. The girl had left her father s house with Rs.8,000/- cash from her house. On the basis of said report, a Chick F.I.R. (Ex.-A5) was registered at the police station and investigation was taken up by PW4 S.I. Bhiya Lal, who arrested the accused alongwith the girl. On 10.05.1995, on completion of investigation, the Investigating Officer submitted the charge sheet against the accused Mausam in respect of offences punishable under Section 363, 366 and 376 I.P.C.;


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