Science Laboratory, Madhuban.
On completion of investigation, Challan/report under Section 173
Cr.P.C. was presented only against the present appellant - Sunil Patel. Case ... prove its
case.
Statement of the appellant was recorded under Section 313 Cr.P.C.
wherein he denied the charges framed against him and pleaded
moths is
missing. The Statement of Victim was recorded U/s 164 Cr.P.C on
08.02.2019. The Victim also disclosed ... Victim
disclosed in matriculation certificate of Victim "A".
Pertinently, the Victim has stated in her statement recorded U/s
1645
charge under Section 376 IPC must fail.
36. Now coming to the charge under Section 366 of
Indian Penal Code, the marriage of accused with ... intercourse. Thus the charge u/s 366 IPC also fails."
Learned trial Court relied solely upon matriculation certificate,
Ex.P10 and held that
IPC and vide a separate order dated 3.8.2002, sentenced him as
under:-
Sr. No. Section Sentence awarded
1. 376 IPC To undergo rigorous
imprisonment ... parents.
The aforesaid FIR was investigated. The report under Section
173 Cr.P.C. was submitted and thereafter on 29.10.2001, the appellant
was charged
IPC. Secondly, the charge stated that the prosecutrix was kidnapped
with an intention to commit illicit intercourse, thus, offence under Section
366 IPC was made ... elder to her.
She failed in matriculation examination and her date of birth recorded in
matriculation certificate Ex.PB was 10.12.1985. Thus, on the date
IPC and
sentenced as follows:-
i) Rigorous imprisonment for three years and to
pay a fine of Rs.1,000/- under Section 363
IPC ... submitted the matriculation certificate of the prosecutrix. On
the basis of the said complaint, FIR No. 74 under Sections 363
and 366 IPC was registered
intercourse. He was, accordingly,
convicted and sentenced under Sections 363 and 366 IPC, as
mentioned above.
Learned counsel for the appellant has submitted that
the prosecution ... evidence either the
Criminal Appeal No.S-2013-SB of 2002 -4-
matriculation certificate or the birth certificate of the prosecutrix.
The doctor
Indian Penal Code and Section 4 of the
POCSO Act.
The accusation is that informant, Puja Kumari, was
the student of matriculation in the year
free
will and not under any such threat. She was a matriculate and had
seen the affidavit Ex.DA which bears her signatures. The signatures ... closed and the
statement of the appellant in terms of Section 313 Cr.P.C. was
Amit Khanchi
2013.09.02 15:24
I attest
ORDER
This is the fifty repeat bail application under Section 439 of Cr.P.C on
the behalf of the applicant for grant of bail ... punishable under Sections 363 , 366 , 376 & 506-B of Indian Penal Code and
under Section 7 & 8 of Protection of Children From Sexual
