KALLU @ PRAVESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal preferred U/S 374 Cr.P.C., is directed against the judgment and order dated 27-7-2010, passed by Addl. Sessions Judge/1st F.T.C. Haridwar, in Sessions Trial No. 17/2009 State Vs. Kallu @ Pravesh and another, whereby accused Kallu @ Pradesh and Sandeep Kumar were convicted U/S 376 I.P.C. and both of them were sentenced to undergo R.I. for seven years each and to pay a fine of Rs. 5000/- each and in default of payment of fine to undergo S.I. for one year each. Both the accused were also found guilty U/S 506 I.P.C. and they were sentenced to undergo R.I. for one year each and to pay a fine of Rs. 1000/- each and in default of payment of fine to undergo S.I. for one month each. All the sentences were directed to run concurrently.

(2.) Brief facts of the prosecution case are that complainant Narendra Singh lodged written report Ext. Ka.4 at P.S. Kotwali Lakshar with the allegations that on 10-3-2009 at about 1.30 p.m. his daughter prosecutrix was returning from her field. In the way near the sugarcane fields of Baljote and Vijay Pal, accused Kallu and Sandeep were ambushing and when Km. Menka reached there the accused persons dragged her inside the sugarcane field and committed rape upon her. On raising alarm by the victim, Kashmira and Kanwar Pal reached at the spot and these witnesses escaped the girl from the clutches of the accused persons. It is further mentioned in the written report that the accused persons threatened the girl if she tells the incident of rape to any one they would kill her. On the basis of written report, chick F.I.R. Ext. Ka.5 was prepared by the police and a case crime No. 63/2009, U/Ss 376 and 506 I.P.C. was registered against the accused persons, the copy of G.D. of registration of the case is Ext. Ka.6.

(3.) S.I. R.R. Raturi, started investigation in the case. He took into custody the wearing cloths of the victim and prepared memo Ext. Ka.7. He visited the place of occurrence and prepared site plan Ext. Ka.8. He recorded statements of witnesses on various dates. The prosecutrix was medically examined by Dr. Sushma Gupta on 21.3.2009 in Community Health Centre Lakshar District Haridwar and prepared medical report Ext. Ka.2 and also prepared supplementary medical report Ext. Ka.3. X-ray of elbow and knee was also taken and X-ray report Ext. Ka.1 was prepared by the Senior Radiologist Distt. H.M.G. Hospital Haridwar. The I.O. after completing the investigation submitted charge sheet, Ext. Ka.12.