Decided on March 19,2013

Mange Ram @Jatti S/O Ram Singh Appellant
State of Uttaranchal (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 03.02.2004/ 07.02.2004 passed by II Fast Track Court/ Additional Sessions Judge, Hardwar, whereby said court has convicted accused Mange Ram @ Jatti (appellant) under section 363 IPC and sentenced him to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 1,000/-. In default of payment of fine the convict has been sentenced to undergo rigorous imprisonment for further period of one month by the trial court.
(2.) Heard learned Amicus Curiae for the appellant, and learned A.G.A.,forthe State.
(3.) Prosecution Story, in brief is that P.W.2 Chandar got lodged first information report (Ex.A1) after obtaining orders under section 156(3) of Cr.P.C. from the Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Roorkee, against accused Mange Ram @ Jatti (appellant) and one Mamchand (since acquitted) in respect of offences punishable under section 363 and 366 IPC. It was alleged in the first information report by P.W.2 that his minor daughter Manju (P.W.3) was enticed away by accused Mange Ram @ Jatti (appellant) and Mamchand on 15.05.2002. On the basis of said report crime no. 109 of 2002 was registered at Police Station Bhagwanpur, Tehsil Roorkee on 06.07.2002 against accused Mange Ram @ Jatti (appellant) and Mamchand. During investigation the girl was recovered who was living with accused Mange Ram @ Jatti. She was medically examined, and radiological tests were conducted to determine her age. After radiological examination, it was observed in the supplementary report (Ex.A5) that the girl was aged between 17-18 years, and she was carrying fourteen weeks pregnancy. After interrogating the witnesses, the Investigating Officer submitted charge sheet (Ex.A8) against accused Mange Ram @ Jatti and Mamchand for their trial in respect of offences punishable under section 363, 366 and 376 IPC.;

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