STATE OF UTTARAKHAND Vs. JULIYA ALIAS GORI

JUDGEMENT

(1.) PW3 Ghanshyam wrote a complaint (Ex.Ka-1) against 6-7 unknown miscreants on 21.12.2000 at P.S. Kotwali, Haridwar, which was registered as case crime no.1066/2000 under Section 396 IPC. The incident allegedly took place in the intervening night of 21/22.12.2000 and the FIR was lodged on the selfsame night at 4:15 AM. The distance between the place of incident and the police station was 3 km. Hence, there appears to be no delay in lodging FIR.

(2.) Investigation began on the basis of said first information report. After investigation of the case, a charge-sheet was submitted against the accused persons, namely, Jauly @ Gori, Ganga Ram @ Gangua and Raju @ Rajendra @ Rajiya for the offences punishable under Sections 396 and 412 IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it s case, charges against accused persons, namely, Jauly @ Gori, Ganga Ram @ Gangua and Raju @ Rajendra @ Rajiya were framed for the offences punishable under Sections 396 and 412 IPC. Accused persons pleaded not guilty to the charges and claimed trial.

(3.) PW1 Pawan Kumar, PW2 Triloki Nath Gupta, PW3 Ghanshyam, PW4 Adesh Kumar, PW5 Raj Kumar, PW6 Narendra Sahni, PW7 Dr. S. S. Laal, PW8 S.I. R. K. Chamoli, PW9 S.I. Mahipal Singh, PW10 Inspector Ajay Kumar, PW11 Head Constable Yogendra Singh and PW12 Kripal Singh were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. No evidence was given in defence.