SANJEEV @ BANTI S/O PYARE LAL Vs. STATE OF UTTRANCHAL (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Sanjeev @ Banti S/O Pyare Lal
State of Uttranchal (Now State of Uttarakhand)
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(1.) All these three appeals are directed against the judgment and order dated 07.08.2003, passed by Vth Fast Track Court/Additional Sessions Judge, Dehradun, in Sessions Trial No. 41 of 1998, whereby said court has convicted the accused/appellants Sanjeev @ Banti, Sunil Negi and Manoj Nautiyal under section 363 and 366 of I.P.C. Each one of them has been sentenced to simple imprisonment for a period of two years and directed to pay fine of Rs. 1,000/- under section 363 of I.P.C., and simple imprisonment for a period of two years and directed to pay fine of Rs. 1,000/- under section 366 of I.P.C.
(2.) Heard learned counsel for the appellants, and learned counsel for the State, and perused the lower court record.
(3.) Prosecution story, in brief is that, on 21.08.1997, at about 7.30 p.m., PW1 Sunita, minor daughter of PW4 P.D. Dhondiyal (informant) told her parents that she was going for a walk and did not come back. The informant lodged First Information Report (Ex-A5) six days thereafter on 26.08.1997, at Police Station Dalanwala, Dehradun, alleging that his daughter Sunita (PW1) had acquaintance in the neighbourhood in the family of Pyare Lal Sharma, where she came into contact with one Sunil Bhatt (since died). Suspecting that the family members of Pyare Lal Sharma had enticed away Sunita to persuade her to marry accused Sunil Bhatt (since died), a report was lodged at the Police Station against as many as six persons namely Sunil Bhatt (since died), Pyare Lal Sharma, wife of Pyare Lal Sharma, one Anil Bhatt, Bhawna and Banti (appellant Sanjeev @ Banti). On the basis of said report Crime No. 230 of 1997, was registered relating to offences punishable under section 363 and 366 of I.P.C, against all the six accused. PW5 Sub Inspector K.L.Bhardwaj investigated the crime. It appears that during investigation, on 29.08.1997, the girl Sunita (PW1) was recovered near railway crossing Mohkampur (Dehradun) alongwith Sunil Bhatt (since died) and accused/appellant Sanjeev @ Banti. On interrogating the witnesses, role of accused/appellants Sunil Negi and Manoj Nautiyal came to the light that they too had gone with Sunil Bhatt (since died) and Sunita from Dehradun to Delhi on 21.08.1997. The girl was got medically examined, and her statement was got recorded under section 164 of Cr.P.C, before the Magistrate on 30.08.1997. On completion of investigation, charge sheet (Ex-A8) was filed against the accused Sanjeev @ Banti, Sunil Bhatt (since died) and accused/appellant Sunil Negi in connection with their trial in respect of offences punishable under section 363, 366 and 376 of I.P.C. Another charge sheet (Ex-A9) was filed against the accused/appellant Manoj Nautiyal.;
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