Decided on May 23,2013

Shrawan, S/O Nortu Appellant
State of Uttarakhand and Ors Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 08.05.2012 passed by Additional Sessions Judge, Roorkee, in Sessions Trial No. 123 of 2011, whereby said court has convicted accused/appellant Shrawan under section 363, 366 and 376 IPC. The accused/ appellant Shrawan has been sentenced to rigorous imprisonment for a period of three years and directed to pay fine Rs. 1,000/- under section 363 IPC, rigorous imprisonment for a period of five years and directed to pay fine of Rs. 2,000/- under section 366 IPC and rigorous imprisonment for a period of seven years and directed to pay fine of 3,000/- under section 376 IPC.
(2.) Heard learned counsel for the parties and perused the lower courtrecord.
(3.) Prosecution story, in brief, is that P.W.2 Soni is daughter of P.W.1 Meghraj of village Sarthedi Shahajanpur of District Haridwar. On 15.08.2010 P.W.1 Meghraj gave a report (Ex. A1) at Police Station Bhagwanpurthat his daughter Soni was missing from the preceding night. And from the same night accused Shrawan son of Nortu was also missing. A case was registered at the police station and both the boy and girl were apprehended by P.W.4 Sub- Inspector Dinesh Chand Gupta and P.W.5 Station Officer Jawahar lal on 17.08.2010 at 6:15 p.m., from railway station Tejupur. Thereafter they were interrogated, and the girl was produced before P.W.3 Dr. Deepa on 18.08.2010 for her medical examination. After medical examination said medical officer prepared her report (Ex. A2) and observed that there was no injury on the person of the girl. As to the determination of age P.W.3 Dr. Deepa advised radiological examination, and after receiving radiological report she prepared supplementary report (Ex. A3) opining that the girl was aged more than eighteen years. She further observed in her supplementary report that on pathological examination of slides of smear of the girl, no spermatozoa dead or alive were seen. According to prosecution case thereafter the girl (P.W.2) Soni was taken to the Judicial Magistrate, Roorkee, on 23.08.2012 where she did not allege anything against the accused, and simply stated that she wanted to go home (as such the girl made no allegation of kidnapping or rape against the accused even at the stage of recording of statement under section 164 Cr.P.C.). It appears that crime no. 215 of 2010 was registered under section 363, 366 and 376 IPC against the accused by the police on 15.08.2010, on the basis of report (Ex. A1) lodged by P.W.1 Meghraj (father of the girl) and afterinvestigation, Sub Inspector Nawab Singh, Investigating Officer (P.W.6) filed charge sheet against accused Shrawan for his trial in respect of offences punishable under section 363, 366 and 376 IPC.;

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