SURENDRA YADAV Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2013-2-66
HIGH COURT OF UTTARAKHAND
Decided on February 28,2013

SURENDRA YADAV Appellant
VERSUS
State of Uttaranchal (Now State of Uttarakhand) Respondents

JUDGEMENT

- (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 20.12.2000/21.12.2000, passed by Learned Sessions Judge, Udham Singh Nagar, in Sessions Trial No. 88 of 1998, whereby said court has convicted the accused/appellant Surendra Yadav under section 363, 366 and 376 of I.P.C. He (accused Surendra Yadav) has been sentenced to rigorous imprisonment for a period of four years under section 363 of I.P.C., rigorous imprisonment for a period of six years and directed to pay fine of Rs. 2,000/- under section 366 of I.P.C., and rigorous imprisonment for a period of eight years and directed to pay fine of Rs. 4,000/- under section 376 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that in the intervening night of 07.05.1998 and 08.05.1998 PW1 Shubhavati (daughter of PW2 Phulena Yadav) was kidnapped/abducted by accused Surendra Yadav from Sisai Colony, Kichha District Udham Singh Nagar, by inducing her to compel her marriage with him. Regarding said incident, PW2 Phulena Yadav lodged First Information Report on 08.05.1998 at about 4.45 pm (16.45 hours), at Police Station Kichha, on the basis of which Crime No. 175 of 1998 was registered in respect of offences punishable under section 363 and 366 of I.P.C., against the accused Surendra Yadav (present appellant). During investigation, the accused Surendra Yadav was arrested with the girl (PW1 Shubhavati), and after recording the statement of the girl under section 161 of Cr.P.C, PW6 Sub Inspector Madan Pal Singh, who started investigation added section 376 of I.P.C., to the aforesaid crime number. Later, the investigation was transferred to PW5 Sub Inspector M.C.Mishra. After completion of investigation, the said Investigating Officer (PW5 Sub Inspector M.C.Mishra) submitted charge sheet against accused Surendra Yadav, for his trial in respect of offences punishable under section 363, 366 and 376 of I.P.C.;


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