ISHWAR, S/O RAM KISHAN Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Ishwar, S/O Ram Kishan
State of Uttaranchal (Now State of Uttarakhand)
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(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 20.02.2004, passed by the Additional Sessions Judge/ 7th Fast Track Court, Dehradun, in Sessions Trial No. 192 of 2000, whereby the said court has convicted accused/appellant Ishwar under Section 366 & 376 of I.P.C. The accused/appellant Ishwar has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 1,000/- under section 366 of I.P.C., and rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 1,000/- 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 on 24.07.1999 at 1:20 p.m. P.W.2 Smt. Soniya (daughter of P.W.3 Satya Pal) was kidnapped by the accused Ishwar from Kanwali Road, Near Post Office, Dehradun. Regarding said incident, report was lodged by P.W.3 Satya Pal on 25.07.1999, with Police Station Kotwali, Dehradun. On the basis of said report, Chik report (Ex. A-11) was prepared and a crime no. 480 of 1999 was registered in respect of offences punishable under section 363 and 366 of I.P.C., against the accused Ishwar. Investigation was taken up by P.W.5 S.I. R.B. Arya, who interrogated the witnesses and started investigation. During investigation, the accused Ishwar was arrested by the police and the victim was handed over to her father. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Ishwar, for his trial in respect of offences punishable under Section 363, 366 and 376 of I.P.C.;
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