KAMAL SINGH @ KAPIL Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Kamal Singh @ Kapil
STATE OF UTTARAKHAND
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(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 dated 27.04.2012, passed by Additional Sessions Judge/Ist Fast Track Court, Haldwani, District Nainital, in Sessions Trial No. 49 of 2011, whereby said court has convicted the accused/appellant Kamal Singh Bisht @ Kapil, under section 363, 366 and 376 of I.P.C. The convict (appellant) has been sentenced by the trial court to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 1,000/- under section 363 of I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 1,000/- under section 366 of I.P.C, and rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 1,000/- under section 376 of I.P.C.
learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is on 02.08.2010, PW2 Mohan Chandra Tewari (maternal uncle of the victim) lodged First Information Report (Ex-A1) at Police Station Kaladhungi, stating that his niece Neha (PW1) who was student of class X in the Government Girls Inter College, Bajunia Haldu, has been enticed away by the accused Kamal Singh Bisht @ Kapil on 01.08.2010 at 8.00.a.m. It is further mentioned in the report lodged by PW2 Mohan Chandra Tewari that his niece has been enticed away by the accused Kamal Singh @ Kapil in order to compel her to marry with him, and the girl (PW1) has taken jewellery and cash from the house. On the basis of said report F.I.R/Crime No. 44 of 2010 was registered relating to offences punishable under section 363 and 366 of I.P.C., against the accused Kamal Singh Bisht @ Kapil at Police Station Kaladhungi, on 02.08.2010 at 4.45 pm. The crime was investigated by PW7 Sub Inspector N.B.Bhatt. The girl (Neha) was recovered from the custody of accused Kamal Singh Bisht @ Kapil on 04.08.2010, around noon near Bhakhra Bridge, within the limits of Police Station Kaladhungi. Thereafter, Km. Neha (PW1) was taken for medical examination, and PW4 Dr. Anupama Hyanki medically examined the girl (Neha), who prepared Medical Examination Report (Ex-A3). She (PW4 Dr. Anupama Hyanki) did not find any mark of injury on the person of the girl. The said Medical Officer took vaginal smear slides to get examined the presence of spermatozoa. Also, x-ray of joints of wrist, elbow etc, were advised by PW4 Dr. Anupama Hyanki to determine the age of the girl. PW5 Dr. M.S.Sharma, Senior Radiologist got the radiological examination done, and opined that on the basis of radiological examination, the age of the girl was above 18 years. It appears that on 05.08.2010, the girl (Neha) was taken to Magistrate, where she gave her statement under section 164 of Cr.P.C. In said statement recorded under section 164 of Cr.P.C., the girl denied that she was subjected to rape by the accused Kamal Singh Bisht @ Kapil. She further stated that since she was in love with the accused Kamal Singh Bisht @ Kapil, as such, she had gone with him on her own volition. Similar statement was recorded by the Investigating Officer also. After interrogating the witnesses, and on completion of investigation, the Investigating Officer PW7 Sub Inspector N.B.Bhatt submitted charge sheet (Ex-A11) against the accused Kamal Singh Bisht @ Kapil, for his trial in respect of offences punishable under section 363 and 366 of I.P.C, as he was of the opinion that the girl was minor.;
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