SANTOSH KUMAR SINGH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-58
HIGH COURT OF UTTARAKHAND
Decided on June 28,2013

SANTOSH KUMAR SINGH Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) PRESENT appeal is filed assailing the judgment and order dated 07.12.2009 passed by Sessions Judge, Tehri Garhwal in Sessions Trial No. 53 of 2007 whereby appellant was held guilty for the offences punishable under Section 366, 376 IPC and was sentenced to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs. 4000/ - and in default of making payment of fine, to undergo 1 year additional rigorous imprisonment under Section 366 IPC; sentenced to undergo rigorous imprisonment for a period of 8 years and to pay fine of Rs. 6000/ - and in default of making payment of fine, to undergo 1 year additional rigorous imprisonment under Section 376 IPC with the stipulation that both the sentences shall run concurrently. Brief facts of the present case, inter alia, are that father of the prosecutrix PW1 lodged a report at police station Rishikesh on 22.03.2007 stating therein that his daughter (prosecutrix) aged about 15 years in the morning of 05.02.2007 left her house for Government Girls Inter College, Rishikesh but did not come back; on search, she could not be found, therefore, report was also submitted to police station Muni -ki -Reti, Tehri Garhwal about missing of his girl, he kept on searching for his daughter; PW1 could get information that her daughter was seen going with the appellant by neighbours; appellant by deceitful means has taken his daughter to Gorakhpur, therefore, his daughter may be got recovered from the custody of appellant and should be handed over to him.
(2.) INVESTIGATION was handed over to the police of police station Muni ki Reti on the ground that prosecutrix left her home situated within jurisdiction of Muni ki Reti and thereafter, went missing; on search, she was recovered and medically examined on 01.08.2007. Her statement under Section 164 Cr.P.C. was also recorded by the Chief Judicial Magistrate on 03.08.2007. Having investigated the matter, charge -sheet was submitted against the appellant and one Satish Singh for the offence under Section 363/34, 366/34, 376 IPC. After committal of the case, charges were framed against the appellant for the offence punishable under Section 363/34, 366/34, 376 IPC while against co -accused Satish Singh under Section 363/34, 366/34, 120B IPC. Appellant and co -accused denied the charges and claimed trial.
(3.) TO prove the prosecution story, PW1 informant father of the prosecutrix; PW2 Ashok Singh, PW3 Rama Gusain, PW4 prosecutrix, PW5 Dr. Riya Thapliyal, PW6 O.P. Arya, PW7 Sheela Devi Raturi, PW8 Investigating Officer Kripal Singh were examined and thereafter, statements of accused were also recorded under Section 313 Cr.P.C.;


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