Decided on April 18,2013

Rajnesh @ Kanhaya Appellant


- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure 1973 (for short Cr.P.C.), is directed against judgment and order dated 19.09.2007, passed by Additional Sessions Judge, Roorkee, District Haridwar, in Sessions Trial No. 471 of 2004, whereby said court has convicted the accused Rajneesh @ Kanhaya (appellant), under Section 366 and 376 of I.P.C. The convict has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 5,000/-under Section 366 of I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 15,000/-under Section 376 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW2 Lalita is daughter of PW1 Kala. On 08.09.2004, PW1 Kala gave a First Information Report (Ex. A1) at Police Station Kotwali Roorkee, District Haridwar, alleging that on 19.08.2004, his daughter (Lalita) was enticed away by the accused/appellant Rajneesh@ Kanhaya. It is also mentioned in the First Information Report that on 08.09.2004, accused/appellant Rajneesh @ Kanhaya and PW2 Lalita were seen at Roorkee bus stand, waiting for some transport. Prosecution case is that PW1 Kala alongwith his son Raju, relative Rajendra Kumar (PW6) and Kunwar Pal (PW3) apprehended the accused and Lalita at Roorkee bus stand, and took them to Police Station. On the basis of said report, Crime No. 246 of 2004, was registered at the Police Station Kotwali Roorkee, in respect of offences punishable under Section 363 and 366 of I.P.C., against the accused/appellant Rajneesh @ Kanhaya. The Investigation was taken up by PW7 Sub Inspector Dhan Pal Singh, who interrogated the witnesses, got the girl medically examined, and after getting recorded her statement under Section 164 of Cr.P.C., submitted charge sheet (Ex. A8) against the accused/appellant Rajneesh @ Kanhaya, for his trial in respect of offences punishable under Section 363, 366 and 376 of I.P.C.;

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