STATE OF UTTARANCHAL Vs. LAXMAN SINGH

JUDGEMENT

(1.) PW 2 Sukhbir Singh wrote a complaint (Ext. Ka-3) to Police Station Dalanwala, District Dehradun on 20.40.1992 alleging that the accused Laxman Singh committed rape with Smt. Makani Devi. It was alleged in the complaint that he was residing in the rented accommodation provided by Laxman Singh (accused-respondent). On 19.04.1992, when the informant went outside his house to earn wages, and his wife Makani Devi along with their child was present at home, the landlord Laxman Singh came around 6:00 p.m. Laxman Singh approached informant's wife, dragged her and committed rape with her on the cot. Victim raised an alarm. Laxman Singh fled away from the room. In the meantime, the informant came along with his theli (handcart).

(2.) When the trial began and prosecution opened it's case, charge for the offence punishable under Sections 376 IPC was framed against the accused-respondent, to which he pleaded not guilty and claimed trial. 04 prosecution witnesses, namely, PW 1 C.V. Singh, PW 2 Sukhbir Singh, PW 3 Makani Devi (victim) and PW 4 Const. Mahak Singh were examined on behalf of the prosecution. Two witnesses, namely, DW1 Dayal Singh Bhandari and DW 2 Laxman Singh (accused-respondent) were examined on behalf of defence. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case.

(3.) Prosecution led the evidence through PW 2 Sukhbir Singh, who, in his examination-in-chief, supported complaint and the contents thereof. PW 2 was the husband of the victim, who said that the accused-respondent committed rape with his wife.