PRAMOD LAL, S/O JASHMAL LAL Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-174
HIGH COURT OF UTTARAKHAND
Decided on May 24,2013

Pramod Lal, S/O Jashmal Lal Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 28.05.2010, passed by the Sessions Judge, Rudraprayag, in Sessions Trial No. 03 of 2010, whereby the said court has convicted the accused/ appellant Pramod Lal under Sections 363, and 376 of I.P.C. The accused/appellant Pramod Lal has been sentenced to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 5,000/, and in default of payment of fine further simple imprisonment for a period of six months under Section 363 of I.P.C., and has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/, and in default of payment of fine further simple imprisonment for a period of six months under Section 376 of I.P.C. All the sentences shall run concurrently.
(2.) Heard learned counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that on 19.12.2009 an F.I.R. was registered by the Asadu Lal (father of the victim) with the Police Station, Jakholi, district Rudraprayag, in which he stated that on 17.12.2009, his daughter Benazir disappeared from the house. He tried to search for her at his relatives' place, but she could not be found. She was also searched on 18.12.2009, but she was not found. He reported that some people of Mayali told him that Pramod, who owns a Band Baja Shop at Mayali, has taken his daughter with him. In the report, he requested to lodge an F.I.R. against the accused Pramod. The said F.I.R. was registered at 11:00 p.m. On the basis of said report, Chik report (Ex. A-2) was prepared and the case was registered in respect of offences punishable under Sections 363, 366 and 376 of I.P.C., against the accused Pramod. The medical examination of the prosecutrix was conducted on 22.12.2009 at 02:45 p.m. Thereafter, the accused was arrested on 22.12.2009 at 11:00 p.m. After completion of investigation, the Investigating Officers submitted charge sheet against the accused Pramod Lal, for his trial in respect of offences punishable under Sections 363, 366 and 376 of I.P.C.;


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