STATE OF UTTARAKHAND Vs. RAMLAKHAN

JUDGEMENT

(1.) Aggrieved by the judgment dated 26.08.2015, passed by the Fourth Additional Sessions Judge, Dehradun, in Sessions Trial No. 33 of 2011, whereby the learned Trial Court has acquitted Ramlakhan, the accused, of offense under Section 376 IPC, the State has filed the present appeal.

(2.) Briefly, the facts of the case are that on 27.07.2010, the prosecutrix (P.W. 1) submitted a written report (Ext. Ka-1) before the SHO, Nehru Colony, Dehradun, wherein she claimed that her father, Vinod Chetri, had expired in 2005. After the death of her father, her mother, Smt. Meena Chetri, started running a General Store. Subsequently, she developed an illicit relationship with her tenant, Ramlakhan, who does a business of selling glass and mirrors. She further claimed that when she came to know about this illicit relationship between the two, she tried to reason out with her mother. However, her mother threatened her, and forced her to have physical relationship with Ramlakhan. Due to her sexual exploitation by Ramlakhan, she felt so ashamed that she could not speak about it to anyone. At the instance of her mother, she was repeatedly raped by Ramlakhan. Eventually, she gathered sufficient courage to talk about this incident to the leader of the Samajwadi Party, Smt. Hema Bohra (P.W. 3). With her support, the complainant claimed that she developed sufficient courage to report this case to the Police.

(3.) On the basis of this report, a formal FIR, namely, FIR No. 112/2010 (Ext. Ka-9), was chalked out, and the investigation commenced.