STATE OF UTTARAKHAND Vs. JIWAN

JUDGEMENT

(1.) The government criminal appeal has been preferred against the judgment and order of learned Additional Sessions Judge, Dehradun dated 21.8.1998 wherein the accused/ respondents Som was acquitted from the charge of Section 368 IPC and at the same time, accused Jiwan and Kallu @ Dharmendra were acquitted from the charges of Sections 452/ 323/363/366/368 and 376 IPC. Feeling aggrieved, the government has preferred this appeal.

(2.) Re-appreciating the facts and evidence of the case as exists on the lower court record, it is worthwhile to read first information report which was lodged on 22.5.1996 at 8:25 PM. This was lodged by Smt. Beena W/o Ramesh Thapa against two accused persons Jiwan and Kallu with the allegations that on 14.5.1996, Jiwan whose parentage and address was not known to her, came along with his friend Kallu to her residence and knocked the door. On opening the same, both the accused persons uttered some indecent words about her daughter Km. Reema and threatened and after extending threat, they left the place. They again came on 15.5.1996 at about 7 AM at her residence and began to beat her. She suffered the injuries. On 16.5.1994 when Km. Reema went to 2 fetch the milk, she was forcibly abducted putting her on a Vikram (a mini public transport vehicle). They took Km. Reema with them. She was kept confined in the house of one Sri Som at 23 Park Road, Laxman Chowk, Dehradun, where she was raped several times. Anyhow Km. Reema got herself rid from the clutches of the accused persons and returned to her home on 20.5.1996. She narrated the entire incident to her mother but since she was under disposition, so she could not go to the police station forthwith for lodging an FIR and the same could be lodged by Smt. Beena taking her daughter Km. Reema with her on dated 22.5.1996, as stated above.

(3.) On 23.5.1996, Km. Reema was medically examined in the government hospital and the following observation has been reported by the doctor in her report: -