STATE OF UTTARAKHAND Vs. CONSTABLE SASHI SHANKAR RAI

JUDGEMENT

(1.) This appeal, preferred under section 378 of the Code of Criminal Procedure, 1973 (for short CrPC), is directed against the judgment and order dated 18.12.2010, passed by the Special Sessions Judge, Champawat in Special Sessions Trial No. 17/2007, whereby the said Court has acquitted the accused/respondent Constable Sashi Shankar Rai of the charge of offence punishable under Section 376 IPC and one punishable under Section 3(II) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that informant Darshan Prasad (PW1), a constable with Railway Protection Force (for short, RPF), at the time of alleged incident, was posted in Tanakpur, where he used to live with his family in a Government accommodation. Accused Sashi Shankar Rai, also a constable with RPF, was posted at the same station and he was living there in the neighbourhood. It was alleged that in the intervening night of 18th and 19th of September 2006, when PW1 Constable Darshan Prasad was coming back to his quarter after his duty hours, he saw accused Sashi Shankar Rai committing rape on his daughter Km. Kiran (PW3), on which he shouted. On hearing the noise his wife PW2 Radhika Devi also came out, and both parents of the victim attempted to apprehend the accused, but he succeeded in fleeing from the spot by jumping the wall. As per the prosecution case, PW4 Birendra Bahadur Singh, who was accompanying the informant, also saw the accused running away. FIR (Ex. A-1) was lodged by PW1 Darshan Prasad (father of the girl) on 20.9.2006 at PS Tanakpur, on the basis of which Crime No. 749/2006 was registered against the accused Constable Sashi Shankar Rai in respect of offence punishable under Section 376 IPC and one punishable under Section 3(II) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.