IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Appeal No.235 of 2012

Gulab Singh

S/o Shri Jagdev Singh

R/o Banjariya,

P.S. Nanpara,

District Bahriach,

Uttar Pradesh.

..…..Appellant

Versus

State of Uttarakhand.

…….Respondent

Mr. Dinesh Chauhan, Advocate for the appellant.

Mr. Ravindra Singh Bisht, Brief Holder for the State.

with

Criminal Appeal No.233 of 2012

Smt. Kanti Devi

W/o Shri Vinod Singh,

R/o Uchra Dhotaliya,

Khankati,

P.S. Nanpara,

District Bahriach,

Uttar Pradesh.

..…..Appellant

Versus

State of Uttarakhand.

…….Respondent

Mr. Dinesh Chauhan, Advocate for the appellant.

Mr. Ravindra Singh Bisht, Brief Holder for the State.

Dated: December 24, 2014

Hon’ble V.K. Bist, J.

Both these appeals are directed against the

judgment and order dated 14.08.2012, passed by

Additional Sessions Judge, Almora, in Sessions Trial

No. 3 of 2007, whereby the said court has convicted

accused Gulab Singh (appellant) under Sections 363,

366-A and 376 I.P.C., and sentenced him to rigorous

imprisonment for a period of three years and directed

2

to pay fine of ` 5,000/- under Section 363 I.P.C.,

rigorous imprisonment for a period of four years and

directed to pay fine of ` 5,000/- under section 366-A

I.P.C., rigorous imprisonment for a period of seven

years and directed to pay fine of ` 20,000/- under

section 376 I.P.C., and in default of payment of fine

further simple imprisonment for a period of one year.

By the same judgment and order, the trial court has

convicted co-accused/appellant Smt. Kanti Devi and

Ram Kishan (not appellant herein) under Sections 363

and 366-A I.P.C., and sentenced them to rigorous

imprisonment for a period of three years and directed

to pay fine of ` 5,000/- each under Section 363 I.P.C.,

rigorous imprisonment for a period of four years and

directed to pay fine of ` 5,000/- each under section

366-A I.P.C., and in default of payment of fine further

simple imprisonment for a period of six months each. It

was directed that all the sentences shall run

concurrently. It was also directed that the victim no.1

shall be entitled to receive ` 15,000/- and the victim

no.2 shall be entitled to receive ` 10,000/- as

compensation out of the fine imposed upon the

accused.

2.

Heard learned counsel for the parties and perused

the lower court record.

3.

Prosecution story, in brief, is that on 15.11.2006,

P.W.3 Shri Sunder Lal Verma (father of Km. Kamini

Verma-victim no.2) gave a written report at Police

Station

Bhatrojkhan,

stating

therein

that

on

12.11.2006, he lodged a missing report of his daughter

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Km. Kamini Verma aged 14 years and another girl Km.

Meena Karakoti D/o Balam Singh at the Police Station.

He reported that on 11.11.2006, both above named

minor girls have been enticed away by Vinod Singh

resident of Nanpara, Bahriach, his wife Smt. Kanti

Devi, his brother Ramkishan and his brother-in-law

Gulab Singh, who used to do Chiran work at Ghatti

area, and Kripal Singh, who was tenant at Ghatti, and

the said accused either may cause some obnoxious

incident with minor girls or may sell them. He stated

that some residents of Machod have seen the said

accused taking the girls away. In the complaint, the

complainant requested to take necessary action against

the above named accused and to recover the minor

girls. He also reported that on 11.11.2006 at around

09.00 a.m., the accused took the girls away. On the

basis of said report, Case Crime No.220 of 2006 was

registered at Police Station Bhatrojkhan, District

Almora against the accused/appellants Gulab Singh

and Smt. Kanti Devi as well as against Vinod Singh

and Ramkishan (not appellant herein), relating to

offences punishable under Sections 363 and 366-A

I.P.C. Initially investigation was entrusted to S.O.

Chandra Singh Bisht, who interrogated the witnesses

and started investigation. T