STATE OF UTTARANCHAL Vs. NAYAN SINGH
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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B.S. Verma, J. -
(1.) THIS appeal u/s. 377 of the Criminal Procedure Code (in short Cr.P.C.) has been preferred by the State against the judgment and order dated 6 -12 -2003, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 7/2003, State v. Nayan Singh, whereby the accused/respondent Nayan Singh has been acquitted of the charges u/s. 363, 366, 376 I.P.C. According to prosecution story, on 19 -1 -2003 at about 2 p.m. accused/respondent Nayan Singh had kidnapped Km. Ishwari Bhatt from the lawful guardianship of her parents and carried her at different places and committed forcible rape upon her against her will. As per the prosecution case age of Km. Ishwari at the time of occurrence was 15 years.
(2.) THE learned trial court after considering the evidence on record and hearing the counsel for the parties, came to the conclusion that the prosecution had failed to prove the charges levelled against the accused and accordingly acquitted the accused vide impugned judgment and order. Feeling aggrieved the prosecution has preferred this Government Appeal.
(3.) I have heard learned Addl.G.A. on behalf of State and the learned Senior Advocate on behalf of the accused/respondent.;
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