BACHAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 3.10.1997 passed by the Ist Additional Sessions Judge, Dehradun in Sessions Trial No. 243/1995 State v. Bachan Singh and Anr., whereby the learned Ist Additional Sessions Judge has convicted the appellant/accused Bachan Singh under Sections 376 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to undergo seven years' R.I. along with fine of Rs. 5,000/ -, in default to undergo further six months R.I. However, the accused appellant was acquitted of the charges punishable under Section 342 & 496 IPC. Co -accused Smt. Sureshi was also acquitted by the trial court for the charges levelled against her under Sections 342 and 496 read with Section 114 IPC.

(2.) IN brief, the prosecution case is that on 18.3.1995 at 4.05 pm, PW1 Km. Arun Prabha lodged an FIR with the averments that on 29.12.1994, she along with her cousin brother Ram Prakash came from Delhi to Dehradun on the occasion of the birthday of the daughter of the accused appellant Bachan Singh on his invitation. Bachan Singh is the son of her Bua (father's sister). The juice was brought on her request. On drinking the said juice she became unconscious. On regaining her consciousness, she found that the rape has already been committed on her. On objection being raised by her, accused appellant Bachan Singh and his wife Smt. Sureshi, (co -accused, acquitted by the trial court) filled up her Maang and provided Mangal Sutra to her. They told her that she is the second wife of Bachan Singh from today and he will marry with her quietly in the Court or Temple. Since then, they have detained her illegally. They also subjected her to mental and physical torture from time to time. They also assaulted her today. Saving herself, she came to the police station for lodging the report. On the basis of this report Ex. Ka -1, a case was registered against the appellant accused and the co -accused (acquitted by the trial court) and chick FIR Ex. Ka -5 was prepared by Head Moharrir Narendra Singh Bisht, who also made the necessary entries in the GD. Copy of GD is Ex. Ka -7. Investigation of this case was entrusted to SI KL Bhardwaj (PW5). The victim was medically examined on 18.3.1995 at 5 pm by Dr. Renu Negi (PW3), who also prepared the medical report Ex. Ka -3. On her advice, the x -ray of wrist, elbow, knee and ankle of the victim was done under the supervision of Dr. BC Ramola (PW2), Radiologist, who prepared her x -ray report Ex. Ka -2. The I.O. during the course of investigation, inspected the place of occurrence and prepared the site plan Ex. Ka -6. He recorded the statements of the witnesses and after completing the investigation, filed the chargesheet Ex. Ka -4 against the accused appellant and the co -accused (acquitted by the trial court).

(3.) ON 8.1.1996, learned Ist Additional Sessions Judge, Dehradun framed the charges against the appellant/accused Bachan Singh under Sections 342, 496 and 376 IPC and against the co -accused Smt. Sureshi under Sections 342, 114 and 496 IPC. The charges were read over and explained to the appellant -accused and the co -accused (acquitted by the trial court), who pleaded not guilty and claimed to be tried.