SATENDRA PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is filed assailing the judgment and order dated 14.02.2013 passed by the fourth Additional Sessions Judge, Haridwar in Sessions Trial No. 364 of 2008 whereby appellant was held guilty for the offence punishable under Section 376, 506 IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 10,000/- and in default of making payment of fine, to undergo simple imprisonment of 2-years under Section 376 IPC and to undergo 2 years rigorous imprisonment under Section 506 IPC with the stipulation that both the sentences shall run concurrently.

(2.) Brief facts of the present case, inter alia, are that prosecutrix submitted typed report dated 23.12.2006 (Exhibit Ka-1) to the SSP, Haridwar stating therein that prosecutrix was working in a private firm; she was induced by Jogendra and his wife Reena to go to Delhi from her village in 2004; after giving some intoxicated substance, she was raped by Jaiveer and Jogendra at Delhi; she reported the matter to Dwarka Police, consequently, an FIR no. 419 of 2004 was got registered; appellant, who was an advocate by profession and resident of 761, Saket Colony, Muzaffarnagar, was approached by the appellant to do pairvi in Delhi rape case; appellant told the prosecutrix that in such a situation, neither she could go to her parents nor anyone could marry with her, therefore, he promised her to marry; appellant took the prosecutrix to his house and established sexual relations with her for 8-9 months; parents of the appellant also helped him in such conspiracy while staying at the house of appellant; after some time, prosecutrix could know that appellant was married person and having 2 children; on being asked appellant told the prosecutrix that divorce case was pending in the court and he would get divorce within a month or two; on this, prosecutrix asked the appellant, since he was married, then why he made physical relations with her and cheated her, therefore, she would take the matter to the court and thereafter, she came to Haridwar and started living in a rented house; on 17.12.2006, appellant came to Haridwar and made physical relations with the prosecutrix; when prosecutrix went to the police station to lodge the FIR at 09.00 a.m. appellant met her at Roadways Bus Stand; prosecutrix informed the appellant that she was going to lodge the report against him, therefore, appellant should not visit her house in future; on this, appellant told her that since appellant was an advocate, therefore, prosecutrix could do nothing wrong to him; further told that appellant himself was a criminal and he would hire criminals to kill her and her parents; when prosecutrix reached the police station to lodge the complaint, police personnel informed her to go to Kotwali Jwalapur; when prosecutrix reached Kotwali Jwalapur, there she was not heard; meanwhile, appellant also extended threats to prosecutrix on telephone. Thereafter, prosecutrix reported the matter to Senior Superintendent of Police; on this chik FIR was got registered against the appellant on 24.12.2006.

(3.) Investigation was carried out by PW4 Ajay Jasbola. Having investigated the matter, Investigating Officer submitted a charge-sheet against the appellant for the offence under Section 376, 506 IPC.