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2022 Supreme(HP) 627

SANDEEP SHARMA
Pawan Kumar, S/o Sh. Prem Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bimal Gupta, Senior Advocate With Ms. Kusum Chaudhary, Adv.
For the Respondent:Ms. Svaneel Jaswal, Deputy Advocate General

JUDGMENT :

Instant criminal appeal filed under Section 374 of Cr.PC, lays challenge to the judgment dated 15.3.2008, passed by the learned Additional Sessions Judge, Mandi, H.P., in Sessions Trial No. 42 of 2003, titled State of HP v. Pawan Kumar, whereby learned court below while holding the appellant-accused guilty of having committed offence punishable under Section 363 of IPC convicted and sentenced him to undergo rigorous imprisonment for a period of two years and pay fine of Rs. 1000/- and in default of payment of fine, he shall undergo rigorous imprisonment for one month; and under Section 366 IPC, rigorous imprisonment for three years and pay fine of Rs. 2000/- and in default of payment of fine, rigorous imprisonment for one month.

2. Briefly stated facts of the case as emerge from the record are that deceased Anjana, daughter of complainant Mohan Singh PW1, resident of Village Chajwali, Tehsil Sadar, District Mandi, who at that relevant time was studying in school went missing on 26.4.2002. In the evening of 26.4.2002, Smt. Bimla Devi, mother of the deceased Anjana (PW2) after having found that her daughter Anjana is missing from the house rang up her husband Mohan Singh, wh

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