ANISH KUMAR BHARTI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 11/11/2019/14/11/2019, passed in Sessions Trial No. 76 of 2018, State Vs. Dr. Anis Kumar Bharti, by the court of Additional Sessions Judge/FTSC, Haridwar. By it, the appellant has been convicted under Sec. 376 (2) (e) and Sec. 506 IPC and sentenced as hereunder:-

(2.) Facts necessary to appreciate the controversy, briefly stated, are as follows. The victim, aged about 33 years was working in some establishment at Haridwar. In a rail accident, she had lost both of her legs, below knee. She would use a three-wheeler scooty for her movements. At the relevant time, the appellant was working in a hospital at Haridwar. On 26/7/2017, the victim visited the appellant for her medical check-up. She was given medicines by the appellant and she was again called on 30/7/2017. On 30/7/2017, again, when the victim visited the appellant, the appellant indulged in some conversation revealing that he is unmarried and he proposed the victim. He again called the victim on 31/7/2017, after 02:00 p.m., as the OPD closes at 02:00 p.m.

(3.) On 31/7/2017, again the victim visited the appellant. The appellant proposed her and told that in case they establish physical relation, it would not be bad because ultimately they are going to be married. On that date, at 03:00 p.m., the appellant coaxed the victim and did "Galat Kaam" with her. This, the appellant repeated on 6/8/2017 in the hospital. On that date, he also made a video. Thereafter on multiple occasions, he did "Galat Kaam" with the victim. On 9/9/2017, the victim asked the appellant for marriage, but he evaded those queries of the victim. Finally, the victim revealed the incidents to her father, who approached the police on 11/9/2017. When nothing happened, he moved an application on 13.09.20217 under Sec. 156 of the Code of Criminal Procedure, 1973 ("the Code"), based on which Case Crime No. 554 of 2017 under Ss. 376(2)(e) and 506 was lodged at Police Station Jwalapur, District Haridwar. The investigation was carried out. The victim was medically examined on 9/10/2017 by PW 10 Dr. Neelima. In the column of history, the medical examination report reveals that at that time, the victim revealed it to the doctor that she was in a relationship with the appellant for the last one and a half months; they established physical relations four times.