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2011 Supreme(UK) 463

PRAFULLA C.PANT
RUSTAM ANSARI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellant :Mr. D.C.S. Rawat, Amicus Curiae, Advocate
For the Respondent: Mr. T.C. Agarwal, A.G.A.

JUDGMENT

Hon’ble Prafulla C. Pant, J.

This appeal is received through Superintendent, District Jail, Dehradun, in which appellant Rustam Ansari, has challenged the order dated 29.01.2010, passed by Sessions Judge, Dehradun in Sessions Trial No. 42 of 2009, whereby said court convicted him under Section 363, 366, 376 I.P.C. He has been sentenced to rigorous imprisonment for a period of two years and directed to pay a fine of Rs. 2,000/- under Section 363 I.P.C., rigorous imprisonment for a period of five years and directed to pay a fine of Rs. 10,000/- under Section 366 I.P.C., and rigorous imprisonment for a period of eight years and directed to pay a fine of Rs. 10,000/- under Section 376 I.P.C.

2. Heard learned amicus curiae for the appellant and learned counsel for the State.

3. Prosecution story in brief is that an F.I.R. (Ex. A-1) was lodged by PW-1 Meghraj Singh, at Police Station – Dalanwala on 17.07.2008, that his daughter Soni, aged 18 years, was missing since, 4:00 PM on July, 16th 2008. Later said complainant came to know that his daughter has been abducted and eloped by accused Rustam Ansari who has taken her to Bihar. Consequently, he gave another report (Ex. A2) at Po






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