HIMANSHU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, under Sec. 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) has been preferred against the judgment and order dtd. 5/2/2021 passed by Learned Sessions Judge, Tehri Garhwal in Session Trial No. 08 of 2019, whereby the said court has convicted the appellant/accused Himanshu alias Hemant under Sec. 376(2)(n) of the Indian Penal Code, 1860 (for short, IPC), sentencing the appellant/accused to undergo 10 years rigorous imprisonment with a fine of Rs.5000.00 and further simple imprisonment of two months in default of payment of fine.

(2.) Brief facts of the case are that the prosecutrix/victim came from Nairobi to Delhi by Qatar flight on 7/3/2019 at 8.15 A.M. and thereafter reached Hill Top Hotel in Rishikesh by a Taxi where she stayed; that, thereafter, in the morning of 8/3/2019, she left the hotel (Hill Top) on foot for the Ashram of Mauji Baba and crossed the bridge in search of a vehicle; that, a man on a black scooter came and said that he could drop her to the place she wanted to go; that, he took her outside the Ashram and during that time both of them became familiar and also drank tea together and the appellant/accused took the victim to several places in Rishikesh, thereafter, they reached a deserted place where there was a waterfall, where the appellant/accused slapped the victim/prosecturix and threw her on the ground and forcibly raped her; that, to save herself, the victim jumped into the water and disappeared; that, in the evening the appellant found the victim and dragged her near his bike where he raped the victim twice, thereafter, he left the victim at Lakshmanjhula bridge and went away. Thereafter, on 9/3/2019, the victim went to the Police Station Muni Ki Reti but the F.I.R. could not be registered on that day, thereafter, the F.I.R. under Sec. 376(2)(n) I.P.C got registered on 10/3/2019.

(3.) The Chief Judicial Magistrate, Tehri Garhwal on receipt of the charge sheet and after giving necessary copies to the accused as required under Sec. 207 Cr.P.C., committed the case to the court of Sessions for trial. The Chief Judicial Magistrate, Tehri Garhwal after hearing the parties, framed charge of offence punishable under Sec. 376(2)(n) IPC against the appellant/accused Himanshu @ Hemant, who pleaded not guilty and claimed to be tried.