DOUNI ALIAS SURENDRA PAL S/O KALLU Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-194
HIGH COURT OF UTTARAKHAND
Decided on July 25,2013

Douni Alias Surendra Pal S/O Kallu Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Present appeal is directed against the judgment and order dated 05.03.2013 passed by Addl. Sessions Judge Haldwani, District Nainital in Session Trial No. 01 of 2009, whereby appellant was found guilty for the offences punishable under Sections 363, 366 and 376 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of 4 years and to pay fine of Rs.4,000/- and in default of making payment of fine, to undergo additional rigorous imprisonment of four months under Section 363 I.P.C; to undergo rigorous imprisonment for a period of 4 years and to pay fine of Rs.4,000/- and in default of making payment of fine, to undergo additional rigorous imprisonment of four months under Section 366 I.P.C; to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.10,000/- and in default of making payment of fine, to undergo additional rigorous imprisonment of one year under Section 376 I.P.C.
(2.) Brief facts of the present case, inter alia, are that PW2 Rakesh lodged an F.I.R. with Police Station Haldwani, District Nainital on 17.10.2008 inter alia stating therein that prosecutrix aged about 17 years went missing from 15.10.2008 at about 10:00 a.m.; when PW2 was searching for prosecutrix, at about 6:00 p.m., he received telephone call on his mobile No.9759760651 from Douni S/o Kallu appellant; appellant told PW2 that appellant was taking prosecutirx with him and he would do whatever he would like to do with proseuctirx; appellant also told PW2 that PW2 was free to do whatever he would like to do with the appellant; having heard so, PW2 went to the house of the appellant and narrated entire incident to the father of the appellant, namely, Kallu; Kallu told to PW2 that he would also search for the girl; appellant was also missing from his house for last three days.
(3.) Statement of the prosecutrix was recorded under Section 164 Cr.P.C. on 28.10.2008 wherein prosecutrix stated that she went with the appellant out of her free will; she further stated that one day appellant called prosecutrix at his residence; when prosecutrix reached to the residence of the appellant, he asked to bring her cloths from her house; on the saying of the appellant to bring cloths, prosecutrix went to her house to bring her cloths; when the prosecutrix came back after taking her cloths, both of them (prosecutrix and appellant) went to Tikonia; friends of the appellant met them at Tikonia; they thereafter went to Cant and stayed there; they stayed Cant right from Wednesday to Saturday; they were apprehended by the Police; appellant made sexual intercourse with the prosecutrix without her consent.;


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