Decided on March 20,2013

Jitendra Kumar @Pappu Appellant
State of Uttaranchal (Uttarakhand) Respondents


- (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 02.11.2004, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 93 of 1997, whereby said court has convicted accused Jitendra Kumar @ Pappu (appellant) under section 363, 366 and 376 IPC. He has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 1,000/- under section 363 IPC, rigorous imprisonment for a period of five years and directed to pay fine of Rs. 1,000/- under section 366 IPC and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 2,000/- under section 376 IPC by the trial court.
(2.) Heard learned counsel for the parties and perused the lower courtrecord.
(3.) Prosecution Story, in brief is that P.W.2 Sareen aged sixteen years was student of C.N.I. School, Dehradun. On 20.02.1997, accused Jitendra Kumar @ Pappu met her near shop of a barber when she was on her way to school. He gave her beetle nut and she started feeling giddiness. After sometime the accused asked the girl that if she was not feeling well he would leave herto her house. He hired three wheeler and made the girl boarded in it with him. Instead of taking her to her house, the accused took her to bus stand from where they reached Meerut. From Meerut two went to Agra. In Agra, the two stayed in the house of the sister of the accused (Jitendra Kumar @ Pappu). There, sister of Jitendra Kumar @ Pappu asked the girl (Sareen) to get married to him to which she declined. From there the two went to the house of accused Jitendra Kumar in Agra. It is alleged that there accused Jitendra Kumar established physical relations with the girl (Sareen) against her wishes. From Agra, accused took the girl to Rishikesh from where near Nathanpur Jogiwala accused Jitendra Kumar @ Pappu was arrested and the girl was handed over to her father. P.W.1 Shabbir Ahmad (father of Sareen) firstly gave a report on 21.02.1997 at Police Station Raipur regarding the incident of missing of his daughter. On 27.02.1997, P.W.1 Shabbir (father of the girl) gave first information report (Ex. A1) at the police station making allegation against accused Jitendra Kumar @ Pappu that he has enticed away the girl. On said report, crime no. 137 of 1997 was registered against accused Jitendra Kumar @ Pappu in respect of offences punishable under section 363 and 366 IPC. P.W.5 S.I. Pramod Kumar investigated the crime. After the girl was recovered, she was medically examined. P.W.4 Dr. Renu Negi on 01.03.1997 who prepared medical report (Ex. A5) observed that there was no mark of injury. She further observed that the hymen was old torn and vagina admitted two fingers. Date of birth of the girl as per the school record was 15.07.1980. After interrogating the witnesses, on completion of investigation charge sheet (Ex. A9) was filed by the Investigating Officer against accused Jitendra Kumar @ Pappu for his trial in respect of offence punishable under section 363, 366 and 376 IPC.;

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