Decided on March 21,2013



- (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 21.02.2008, passed by Additional Sessions Judge/ Fast Track Court, Ist, Dehradun, in Sessions Trial No. 34 of 2003, whereby said court has convicted accused Bittu @ Vikram Singh (appellant) under section 363, 366 and 376 IPC. He has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 2,000/- under section 363 IPC,rigorous imprisonment for a period of five years and directed to pay fine of Rs. 3,000/- under section 366 IPC, and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/- under section 376 IPC by the trial court.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel for the State and perused the lower courtrecord.
(3.) Prosecution story in brief is that P.W.2 Pushpa , daughter of P.W.1 Phoolchand, resident of Village Balawala, was aged 16 years. (Her date of birth in school leaving certificate (Ex. A6) is stated to be 08.06.1986). On 8.06.2002 at about 11:00 a.m., accused Bittu @ Vikram Singh (appellant) came to her with him. After two days of the incident on 10.06.2002 P.W.1 Phoolchand (father of the girl) gave first information report (Ex.A1) at Police Station Raipur that his daughter Pushpa aged 16-17 years was missing. It is further alleged in said report by the father of the girl that accused Bittu son of Budh Singh, resident of Harrawala had kidnapped her. It is also stated in the report (Ex. A1) that the girl has taken ' 10,000/- and jewelry with her. On the basis of said report crime no. 72 of 2002 was registered in respect of offences punishable under section 363 and 366 IPC at Police Station Raipur against accused Bittu @ Vikram Singh. The investigation was conducted by P.W.7 Assistant S.I. Hukum Singh. On the very day (10.06.2002) at 8:00 p.m. the girl was recovered near Shiv Temple. On 12.06.2002, she was taken to female hospital, Dehradun, for her medical examination where she was examined by P.W.4 Dr. Anjali Gosain who prepared medicalreport (Ex. A3). She (Dr. Anjali Gosain) did not find any internal or external injury on the person of the girl. She observed in her report that no opinion can be given about rape. The girl was referred to radiologist for determination of her age. After taking x-ray of elbow, knee and ankle joints P.W.8 Dr. P.C. Kapri (Radiologist) opined that the girl was aged between 16-18 years. P.W.2 Pushpa (the girl said to have been kidnapped) was taken to Chief Judicial Magistrate, Dehradun and her statement (Ex. A16) was recorded on 12.06.2002 under section 164 Cr.P.C. In said statement she categorically stated that she was in love with accused Bittu for four years. She further stated that on 08.06.2002 she was going with accused Bittu to get married. She further stated that she and the accused stayed in the house of the relatives of the accused. She further told that they went to employer (D.W.1 Smt. Renu Singh) of the accused and told her about their decision. She further told the Magistrate that she wanted to go with accused Bittu. However, after interrogation of the witnesses the Investigating Officer submitted charge sheet (Ex. A10) against accused Bittu @ Vikram Singh for his trial in respect of offences punishable under section 363 and 366 IPC.;

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