ASEEM MALLIK S/O AMAR MALLIK Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Aseem Mallik S/O Amar Mallik
STATE OF UTTARAKHAND
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(1.) Although today only bail application No. 574 of 2013 was listed for disposal, however, in view of the fact that lower court record has already been received, Mr. S.R.S. Gill, learned counsel for the appellant and Mr. S.S. Adhikari, learned Brief Holder for the State requested to hear the appeal finally at this stage waiving requirement of the preparation of the paper book. On the joint request of the learned counsel for the parties, requirement of preparation of the paper book was waived and appeal was taken up for hearing finally.
(2.) Present appeal is directed against the judgment and order dated 02.04.2013 and 04.04.2013 passed by Additional Sessions Judge Khatima, District Udham Singh Nagar in Session Trial No. 222 of 2010, whereby appellant was found guilty for the offences punishable under Sections 366 and 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.500/-, and in default of making payment of fine, to undergo additional simple imprisonment of 10 days under Section 366 I.P.C. ; to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.500/-, and in default of making payment of fine, to undergo additional simple imprisonment of 10 days under Section 376 I.P.C. with the stipulation that both the sentences shall run concurrently.
(3.) Brief facts of the present case, inter alia, are that PW1 Bhakto Sikandar, father of the prosecutrix lodged an F.I.R. with the Police Station Sitarganj on 02.07.2010 stating therein that on 26.06.2010 prosecutrix went to withdraw money from Shakti Farm Post Office, however, accused took her away by deceitful means with object to marry her; PW3 Kalyan Halder saw the appellant in the company of the prosecutirx near Kushmoth Tirah; on the report of PW1 Bhakto Sikandar so lodged, Chick F.I.R was registered for the offence punishable under Sections 363, 366 and 376 I.P.C.;
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