STATE OF UTTARANCHAL Vs. RITESH KAPIL AND OTHERS
LAWS(UTN)-2013-1-66
HIGH COURT OF UTTARAKHAND
Decided on January 01,2013

STATE OF UTTARANCHAL Appellant
VERSUS
Ritesh Kapil And Others Respondents

JUDGEMENT

- (1.) Present Government Appeal was preferred by the State of Uttaranchal against the judgment and order dated 13.09.2005, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 184 of 2002, whereby accused-respondents Ritesh Kapil, Priyank Sharma and Geeta were acquitted of the charge of offences punishable under Section 364, Section 302 of IPC read with Section 34 of IPC, Section 201 of IPC and Section 120B of IPC.
(2.) One Dr. Vijay Singh Rana wrote a missing report (Ext. Ka-1) to Station Officer, Police Station Raipur, Dehradun on 10.07.2002 stating therein that his niece Anusuya Negi, who was residing in the rented accommodation of one Dayal Singh was missing since 08:30 A.M. of 09.07.2002. Anusuya Negi was a student of Uttarakhand Medical Institute. She was often seen with her friend Geeta. When Dr. Vijay Singh Rana enquired from Geeta, she said that Anusuya met her on 08.07.2002 in the evening. Her whereabouts were not known after that. Thereafter, Dr. Vijay Singh Rana enquired from the landlord of Anusuya. He said that Anusuya left the house at 07:00 A.M. of 09.07.2002 and probably went to the house of Geeta. The landlord also said that Anusuya came back after 10-15 minutes, handed over the keys of her room to him and left the house at 08:00 A.M. She did not return after that.
(3.) Subsequently, a complaint (Ext. Ka-2) was written by Ummed Singh Negi (PW2), father of the missing girl, on 15.07.2002 in Police Station, Raipur, Dehradun. In his complaint, Ummed Singh Negi made a reference of the missing report lodged by Dr. Vijay Singh Rana (local guardian of the victim) stating therein that when Dr. Rana informed the complainant (PW2) that Anusuya was missing, he (PW2) immediately came to Dehradun from New Tehri. Ummed Singh Negi also made enquiries and came to know that on 09.07.2002, the motorcycle of Ritesh Kapil (accused) was seen outside the house of Geeta (coaccused) by Navneet Rathi. Anusuya often used to visit Geeta's house. Ritesh Kapil also used to come there. On some previous occasion, Ummed Singh Negi scolded Ritesh Kapil. The complainant (PW2) suspected that due to this very reason, Ritesh Kapil in connivance with Geeta might have eloped his daughter Anusuya. On the basis of said complaint, Chik FIR (Ext. Ka-8) was lodged on 15.07.2002, at 06.35 P.M., in Police Station Raipur, which was registered as Case Crime No. 95 of 2002 in respect of offences punishable under Sections 363 and 366 of IPC against accused persons Ritesh Kapil and Geeta. Investigation began on the basis of said FIR. After interrogating the witnesses and on completion of investigation, a charge sheet (Ext. Ka-22) was submitted against the accused persons Ritesh Kapil, Priyank Sharma and Geeta.;


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