Decided on April 25,2013

Daleep Arya Appellant


- (1.) This appeal has been preferred against the judgment and sentence dated 30th November, 2004 passed by the learned Sessions Judge, Pithoragarh in Sessions Trial No. 45 of 2000. By the impugned judgment and sentence, the appellant before me has been convicted and punished to undergo rigorous imprisonment for three years and Rs.500/- as penalty, failing which, to undergo two months extra imprisonment u/S 363 I.P.C.; four years rigorous imprisonment and fine of Rs. 1,500/-, failing which, to undergo three months extra imprisonment u/S 366 I.P.C.; and seven years rigorous imprisonment and fine of Rs.4,000/-, failing which, to undergo six months extra imprisonment u/S 376 of I.P.C. All these sentences are to run concurrently.
(2.) The appellant before me was initially arraigned u/S 363 and 366 of I.P.C. at the time of lodgment of the F.I.R. and, thereafter, at the time of filing chargesheet, Section 376 of I.P.C. was added. The prosecution case, in brief, is put hereunder:-
(3.) On 18th August, 2000 at about 10:00 a.m., the accused/appellant, Daleeep Arya kidnapped Km. Vandana Bisht (hereinafter "victim") who was aged about 16 years from a place situates at Kasba Champawat, Police Station Lohaghat, District Champawat without consent and permission of her father and natural guardian. At the time of incident, the victim was going to school and she was intercepted and taken into custody by the accused/appellant against her will and consent. Thereafter, she was taken to the forest forcibly. The accused/appellant committed rape upon her on and from 18th August, 2000 to 23rd August, 2000 during her stay in the forest. She could not raise any alarm due to fear of her life during her stay with the appellant for all those days. The accused/appellant threatened her if she would raise any alarm, she would be killed or defamed. When they came out of forest, some of her father's acquaintances identified her and found her with the accused/appellant. Both of them were apprehended and handed over by them to the police. The father of the victim girl having found her missing on and from 18th August, 2000, lodged a complaint with the concerned Police Station u/S 363 and 366 I.P.C. Thereafter, both the persons were medically examined and their apparels (under garments) were also sent for chemical test. After collecting all the materials and obtaining medical report of the doctors, and the statements of the victim girl, and other persons under Section 161 of Cr.P.C., chargesheet was filed under Sections 363, 366 and 376 of I.P.C.;

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