Decided on July 10,2013

Bhajan Lal S/O Karigaru Appellant


- (1.) This Criminal Jail Appeal, U/S 374(2) of the Cr.P.C., is directed against the judgment and order dated 20-6-2009, passed by Sessions Judge, Uttarkashi, in Sessions Trial No. 4 of 2008, State Versus Bhajan Lal and two others, whereby the accused-appellant Bhajan Lal was found guilty U/S 363 and 376 I.P.C. and he was sentenced to undergo three years R.I. and to pay a find of Rs. 3,000/- U/S 363 I.P.C. and in default of payment of fine to further undergo R.I. for three months. He was sentenced to undergo R.I. for seven years and to pay a fine of Rs. 5,000/- U/S 376 I.P.C. and in default of payment of fine to further undergo R.I. for six months. The sentences were directed to run concurrently. The accused Bhajan Lal was acquitted U/Ss 504 and 506 I.P.C. The co-accused Chatari Lal and Hajroo were also acquitted U/Ss 363/120-B I.P.C., 366/120-B I.P.C. and 504 and 506 I.P.C.
(2.) The prosecution case, in short, is that on 14.12.2007 complainant Kisabi Lal lodged written report, Ext. Ka.1 at P.S. Dharasu with the allegations that some months ago, his daughter Km. Kamla aged 14 years, was kidnapped by Bhajan Lal and he had lodged the complaint at the police station and Bhajan Lal was arrested by the police and after release from jail, Bhajan Lal came to his village in the evening of 5.12.2007 and when his daughter had gone for attending the natural call at 6.00 p.m., accused Bhajan Lal along with the assistance of Hajaru (brother of complainant) and Chatari Lal kidnapped his daughter by enticing away her and when he went to the house of accused he was threatened to kill him and also abused him. On the basis of written report, chick F.I.R. Ext. Ka.4 was prepared and a case crime No.740/2007, U/Ss 363, 366, 376, 120-B, 504, 506 I.P.C. was registered against the accused persons, copy of G.D. of registration of the case is Ext. Ka.5. The prosecutrix was medically examined by the doctor and medical report Ext. Ka.2 was prepared. The pathology report is Ext. Ka.6 and x-ray report is Ext. Ka.8. The Medical Officer also submitted the supplementary report Ext. Ka.7 about the pathological age of the prosecutrix. The investigating officer, during investigation inspected the place of occurrence and prepared site-plan Ext. Ka.9. He also prepared site plan Ext. Ka.10 of the place from where the prosecutrix was recovered. After completing the investigation the I.O. submitted charge sheet Ext. Ka.11 against accused Hajaru and Bhajan Lal and charge sheet Ext. Ka.12 against accused Chatar Lal. The C.J.M. Uttarkashi vide his order dated 1-3-2008 committed the case to the court of Sessions.
(3.) The learned Sessions Judge, framed charges U/Ss 363, 366-A, 376, 504 and 506 I.P.C. against accused Bhajan Lal and also framed charges U/Ss 363/120-B, 376/120-B, 504 and 506 I.P.C. against accused Chatari Lal and Bajaroo. The accused persons denied the charges and claimed their trial.;

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