DINESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal jail appeal has been preferred against the judgment and order dated 18.8.2008, rendered by 2nd Additional Sessions Judge, Haridwar, convicting the Appellant Dinesh under Section 376 Indian Penal Code, 1860. The said order of conviction was passed in Sessions Trial No. 206/2007 pertaining to Case Crime No. 27/2007, PS Kotwali Manglore, and the Appellant was ordered to undergo seven years? rigorous imprisonment in additional to fine of rupees five thousand. In default of payment of fine, he was further asked to undergo six months? imprisonment.

(2.) THE factual background of the case is that an FIR was lodged by the father of the prosecutrix Jagvir Singh on 26.1.2007 at 7 pm alleging rape of her daughter by the accused Dinesh on that day at about 1 pm. On the day of the incident, prosecutrix Km. Rita @ Chhoti, resident of village Mandawali, went to collect animal fodder from the nearby agricultural field, which was situated at about 500 yards distance from her home. Km. Rita's presence in solitude was noticed by the accused Dinesh. He was the servant of one Arvind, resident of the same village. The accused came close to Km. Rita and overpowered her. He dragged her in a sugarcane field and denude her by stripping her clothes and thereafter raped her. On hearing the screams of Km. Rita, lads of the village, who were returning after playing cricket, rushed to the spot. Seeing the boys coming to the spot, accused Dinesh took to his heels in order to hide himself in another sugarcane field and he could not be traced out at that time. The boys Parminder Kumar and Balister found Km. Rita denude and unconscious. This FIR is Ex. Ka -1. Chick FIR is Ex. Ka -7.

(3.) I have heard learned Amicus Curiae for the accused and learned Counsel for the State and perused the trial court record.