Decided on March 21,2013

Sonu Sharma @ Ashwani S/O Narendra Sharma Appellant


- (1.) This Criminal Jail Appeal is directed against the judgment and order dated 27-8-2009, passed by Addl. District and Sessions Judge/4th F.T.C. Dehradun, in Sessions Trial No. 44 of 2008 State vs. Sonu Sharma @ Ashwani, whereby the accused was found guilty of offences U/S 376 (2)(f) and was sentenced to undergo R.I. for ten years and to pay a fine of Rs. 10,000/- and failing in depositing the fine, to further undergo six months S.I. The accused was also found guilty U/S 363 I.P.C. and was sentenced to undergo one year's R.I. with a fine of Rs. 1000/- and in default of payment of fine to further undergo S.I. for one month. He was further convicted U/S 506 I.P.C. and was sentenced to undergo six months R.I. and a fine of Rs. 500/- and in default of payment of fine to undergo S.I. for ten days. All the sentences were to run concurrently.
(2.) The prosecution case, in brief, is that written complaint, Ext. Ka.1 was lodged by Navneet Kumar, father of Km. Pragya, on 3.12.2007, with the Police Station Raiwala District Dehradun. It was mentioned in the written complaint that on 29-11-2007 at 8-30 p.m. when he and his wife had gone for a walk after their dinner and their daughter Km. Pragya, aged about six years and Km. Shradha aged three years were at home and when they returned from the walk they found that Km. Pragya was crying and on inquiry they came to know that accused Sonu, on the pretext of getting her chocolate, took her to vacant flat bearing No.36 and committed rape on her along with one more person Satbir. On the basis of said complaint, Chick F.I.R. Ext. Ka.8 was prepared and a case crime No. 183/2007 U/Ss 376/120- B/506 I.P.C. was registered against the accused. The investigation of the case was conducted by Sri B.L. Sah, Station Officer. He prepared the site plan of the place of occurrence, Ext. Ka.10, arrest memo Ext. Ka.11, seizure memo of cloths of prosecutrix and accused Ext. Ka.2 and Ka.12. The girl was medically examined by the doctor on 3.12.2007 and prepared medical report Ext. Ka.5. The girl was given in the supurdagi of her father and memo of supurdagi Ext. Ka.3 was prepared. The I.O. after completing the investigation submitted charge sheet, Ext. Ka.13 against the accused.
(3.) The case was committed to the court of Sessions by the Judicial Magistrate vide order dated 24.4.2008.;

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