Decided on June 18,2013

Rajendra Kumar S/O Harkisahan Singh Appellant
Sate of Uttarakhand Respondents


- (1.) This Criminal Appeal, U/S 374 of the Criminal Procedure Code, is directed against the judgment and order dated 16-7-2010, passed by District and Sessions Judge, Haridwar, in Sessions Trial No. 15 of 2010, State Versus Rajendra Kumar, convicting the accused Rajendra Kumar for the offences U/Ss 363, 366 and 376 I.P.C. and sentencing him to undergo three years R.I. and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo one month's imprisonment U/S 363 I.P.C, further sentencing him to undergo four years R.I. and to pay a fine of Rs. 5,000/- U/S 366 I.P.C. and in default of payment of fine to undergo two months imprisonment and also sentencing him to undergo R.I. for seven years and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo two months' additional imprisonment U/S 376 I.P.C. However, it was directed that all the sentences shall run concurrently.
(2.) The prosecution case, in short, is that on 10-07-2009, at about 2.45 P.M. Mahendra Singh lodged written report Ext. Ka.1, at P.S. Shyampur Haridwar, to the effect that his daughter prosecutrix aged 13 years who was studying in 8th class in Government Inter College Laldhaang, in the interval on 8.7.2008 at about 9.30 A.M. had gone with a student of School to the accused Rajendra @ Kallu S/o Harikishan R/o village Bharatpur Post Islamabad P.S. Badapur District Bijnor U.P. The accused had abducted his daughter by enticing her. Search was made but they were not found. On the basis of written report, Ext. Ka.1, Chick F.I.R. Ext. Ka.4 was prepared by the police and case crime No. 37/2009, U/S 363 I.P.C. was registered against the accused. The copy of G.D. of registration of case is Ext. Ka.5. The investigating officer inspected the place of occurrence and prepared site-plan Ex.t Ka.7. On 13-7-2009 when Sub Inspector Ramendra Singh, Constable Devendra Singh, Lady Constable Rabia Khatoon were on patrolling duty, information was received that the accused and the girl were standing at Chandi Bridge, the police party moved to the said Bridge and arrested them and memo of arrest Ext. Ka.8 was prepared and also prepared Supurdaginama Ext. Ka.9. Thereafter they brought the prosecutrix for medical examination.
(3.) The doctor prepared medical report Ext. Ka.2 and supplementary report Ext. Ka.3. The statement of prosecutrix U/S 164 Cr.P.C. was also recorded by 2nd Addl. Civil Judge (J.D.)/ Judicial Magistrate Haridwar on 15.7.2009. The investigating officer after completing the investigation, submitted charge sheet against the accused, U/Ss 363, 366, 376 I.P.C.;

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