KALA ALIAS ISAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Informant Satyapal wrote a complaint on 09.10.2000, at 5:00 p.m., to Chowki In-charge Gordhan Pur, PS Manglore of District Haridwar regarding the incident of rape committed by the accused-appellant with her daughter. According to the complaint, informant s daughter Meena went to field to cut the gross. She was accompanied by his (informant s) wife Karsam. Karsam came back to her house and told Meena (victim) to collect the grass cut by her and come back to home, but the victim did not return. A frantic search for her was made but to no avail. The incident took place on 06.10.2000. On 07.10.2000, at about 4:00 p.m., the victim returned. She said that co-villager Kala alias Isam s/o Babu dragged her in the field of Rajkumar at 06.10.2000, at 12:00 noon, and committed rape with her. Kala left the victim in the company of two other people, who did not commit any crime. Victim escaped surreptitiously and came back to her house. On the basis of such complaint, a chik FIR of such incident was lodged on 09.10.2000 at 5:00 p.m. in reporting outpost Gordhan Pur, PS Manglore in relation to the offences punishable under Sections 376/341 IPC. The victim was aged 16 years as on the date of occurrence. Investigation started on the basis of such report.

(2.) After the investigation, a charge sheet for the offence punishable under Section 376 IPC was submitted against Kala alias Isam in the Court of Magistrate. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it s case, charge for the offence punishable under Section 376 IPC was framed against the accused-appellant, who pleaded not guilty and claimed trial. As many as eight witnesses, namely, PW 1 Satpal, PW 2 Km. Meena (victim), PW Dr. Urmila Bohra, PW 4 Dr. Yogesh Kumar (Radiologist), PW 5 Constable Rajendra Kumar, PW 6 SI R.M. Rawat, PW 7 Dharam Singh and PW 9 Anil Kumar Sharma were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in reply to which, he said that the evidence was false. No witness was examined in defence. After hearing both the parties, learned court below convicted accused-appellant as regards offence punishable under Section 376 IPC and sentenced him to undergo rigorous imprisonment for a period of seven years. Aggrieved against the said order, instant criminal appeal was preferred.

(3.) Prosecution led the evidence through PW 2 victim. She said in her examination-in-chief that about a year ago (from the date of deposition), she went to the field along with her mother. She collected grass and kept the same in her house. She was instructed by her mother to come again (second round). When she was going to the field again as per the instructions of her mother, Kala met her on the way. He dragged him in a sugarcane field. It was around 12:00 noon, he committed rape with her. The accused was named in the FIR as well as identified by her (victim) before the trial court. Accused left her in the custody of two people in the night. She did not recognize those two people. She escaped from their custody/clutches the next day around 4:00 clock. She disclosed the incident to her parents. She was aged 14 years on the date of occurrence. She stated that she studied in Bhagwan Shankar Junior High School, Khanpur and proved the certificate provided by the school.