UDAI KUMAR S/O SRI SANT RAM Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-5-104
HIGH COURT OF UTTARAKHAND
Decided on May 07,2013

Udai Kumar S/O Sri Sant Ram Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) This Criminal Jail Appeal has been filed against the judgment and order dated 24-8-2009, passed by Addl. District and Sessions Judge/ 4th F.T.C. Dehradun, in Sessions Trial No. 2 of 2004, State Vs. Udai Kumar, whereby the accused Udai Kuamr has been convicted U/Ss 376, 363, and 366 I.P.C. and he was sentenced to undergo R.I. for seven years and to pay fine of Rs. 5,000/- and in failing to pay fine, to undergo S.I. for six months, U/S 376 I.P.C.; one year's R.I. and to pay fine of Rs. 1000/- and filing to pay fine to undergo S.I. for one month U/S 363 I.P.C. and one year's R.I. and to pay fine of Rs. 1000/- and in failing to pay fine to undergo S.I. for one month U/S 366 I.P.C. All the sentences were directed to run concurrently.
(2.) Brief facts of the prosecution case, are that Smt. Bimla Devi, mother of prosecutrix lodged complaint Ext. Ka.2 at police Station Dalanwala with the allegations that on 23-9-2002, her daughter i.e. the prosecutrix, aged 15 years had gone to school and from there the accused Udai Kumar, by enticing her, has taken away her daughter and since then accused is also missing. It was further mentioned in the written report that they had searched the daughter, but she was not traced. On the basis of written complaint, Chick F.I.R. Ext. Ka.3 was prepared and a case crime No. 294/2002, U/S 363 I.P.C. was registered against the accused. Copy of G.D. of registration of the case is Ext. Ka.4. The girl was medically examined. The medical reports are Ext. Ka.6 and Ka.9 and supplementary report is Ext. Ka.10. X-ray report and report of determining the age of the prosecutrix is Ext. Ka.5. The I.O. prepared site-plan Ext. Ka.8. The T.C. of the prosecutrix issued by the Principal of the school is Ext. Ka.7. The statement of the girl was also recorded U/S 164 Cr.P.C. and the same has been filed as Ext. Ka.1. The I.O. after completing the investigation submitted charge sheet Ext. Ka.12 against the accused.
(3.) The Chief Judicial Magistrate, Dehradun vide order dated 6- 1-2004 committed the case to the court of Sessions.;


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