ISHAQ Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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(1.) Present appeal is directed against the judgment and order dated 15.02.2013 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 17 of 2010 whereby appellant was held guilty for the offence punishable under Section 366, 376 IPC and was sentenced to undergo 5 years rigorous imprisonment and to pay fine of Rs. 7000/- and in default of making payment of fine, to undergo additional imprisonment of 6 months under Section 366 IPC; sentenced to undergo 7 years rigorous imprisonment and to pay fine of Rs. 10,000/- and in default of making payment of fine, to undergo additional imprisonment of 6 months under Section 376 IPC with the stipulation that both the sentences shall run concurrently with further direction that out of the fine, if deposited by the appellant, Rs. 5,000/- shall be paid to the prosecutrix.
(2.) Brief facts of the present case, inter alia, are that PW2, father of the prosecutrix, lodged an FIR on 28.08.2010 at 12.10 p.m. with police station Purola stating therein that his minor daughter left the house on 26.08.2010 to attend her class XI in Government Inter College. However, she did not come back even in the evening; she was searched at different places and in relations but she could not be traced; he was told that appellant, who was working in a Welding Shop of Baldev Singh Rawat, had taken the prosecutrix by inducing her deceitful means; he came to know that appellant was resident of village Islam Nagar, police station Fatehpur, District Saharanpur; despite search, his daughter could not be traced out, therefore, after registering the FIR, necessary action be taken against the appellant.
(3.) Prosecutrix was recovered on 28.08.2010 i.e. on the same day while travelling in a bus with appellant. Thereafter, she was medically examined by PW3 Mayank Upadhyay and her statement was recorded under Section 164 Cr.P.C. on 23.09.2010.;
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