GAUTAM HALDAR Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) THE appellant Gautam Haldar was found guilty for the offences under Section 376 and 506 of IPC by the learned Trial Judge on 28.02.2013 in Sessions Trial No. 23/2009. He has appropriately been sentenced by the learned Trial Judge. The crime pertains to the Police Station Dineshpur, District Udham Singh Nagar bearing FIR No. 76/2008.

(2.) THE prosecutrix Ms. Kanchan Mandal (PW1) was allegedly raped when she was on her way returning from a medicine factory based at SIDCUL area Rudrapur. The accused and the prosecutrix both are residents of the same small village Sunderpur, which is an hamlet of a vast area Dineshpur. As the prosecutrix crossed the culvert almost 1 Km away from a prominent place of Hari Mandir towards Sunderpur, she noticed that the accused was chasing her, maintaining the distance of almost 10 paces. So, she asked the accused as to why he was chasing her. The accused promptly caught hold her and carried her dragging at point "C", which has been displayed in the Spot Map Ex.Ka -8.

(3.) THIS point "C" is almost 7 to 8 paces away from the roadside. It was only 3 -4' away from the boundary of wheat crop field towards road side and from the evidence of PW1 and PW2, it transpires that the soil of the field was water soaked. Ms. Kanchan Mandal resisted the accused to the best of her capability, but she was over powered by the accused. String of her trousers was untied and she was subjected to rape by the accused at the strength of threatening to kill her by a country made pistol. After being raped, the accused fled away from the spot. She somehow could manage herself by dressing her properly after the incident. Her clothes were wet and mud smeared.