JUDGMENT

Hon'ble R.C. Khulbe, J.

This criminal appeal has been filed under Section 374 against the judgment and order dated 13.02.2004 passed by the learned Additional Sessions Jude/Fast Track Court, Tehri Garhwal in Session Trial No.1 of 2003, State Vs. Pratap Singh & Ors., whereby the appellant was convicted under Section 315 IPC and sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.10,000/- (Rupees Ten Thousand Only).

2. Prosecution story, in brief, is that accused Pratap Singh, who is son of Madan Singh, brother of the complainant and cousin of Km. Surti, minor daughter of the complainant aged about 17 years, made illicit relations with her by enticing and influencing her, due to which she became pregnant. On 04.02.2001, Km. Surti had gone to attend marriage of her aunt's (mausi) daughter in village Nada Patti Lostu, she delivered a dead son. On this the brother-in-law of the complainant Prem Singh Negi came to the village of the complainant. On this information, the complainant went to village Nada and returned in the evening of 05.02.2001 to his village along with Km. Surti and her dead son. When he enquired from Km. Surti about the