RIHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE challenge herein is to the judgment and order of conviction dated 28.9.2012 rendered by the Sessions Judge, Dehradun convicting the appellant Rehan for the offence of Section 363, 366 and 376 IPC as well as for the offence of Section 67 of the Information Technology Act, 2000 nay Section 4/6 of the Indecent Representation of Women (Prohibition) Act, 1986. Anyhow, the learned Judge could not find him guilty for the offence of Section 504, 506 and 509 IPC, wherefor he was also charged. Three Sessions Trials 156/2010, 21/2011 and 22/2011 entailing the interknitted facts were clustered together for the purpose of trial making one of them as leading. The evidence was recorded in the leading case. So, the Trial Judge adjudicated all the three trials by rendering the single judgment, which is impugned in the appeal preferred by the convict.

(2.) ON the other hand, State has also preferred the cross -appeal GA No. 5/2013 challenging the judgment and order of acquittal of the accused appellant from the offence of Section 504, 506 and 509 IPC with the prayer to convict the accused appellant for these offences too. The instant judgment will deal with both the appeals.

(3.) SINCE her video clipping of the entire sexual intercourse and her nude pictures had been made within her knowledge, so she was bound to dance at the tunes of this accused appellant. She was again enticed away on 10.12.2009 at about 2.45 PM while on her way to take tuition from her teacher. Now, this time she was taken to a hotel in Haridwar, where she was kept for overnight and was sexually abused like anything. When her father got the information that his daughter Ms. Shikha Uniyal has been kidnapped forcibly as a pillion on the motorcycle by the accused Rihan, he lodged the FIR in the Nehru Colony Police Station on 10.12.2009 itself. The father got this information through PW3 Dhirendra @ Dhiraj Kothiyal, who was watching the scene when she was almost being forced to be a pillion on the motorcycle, obviously, on the strength of electronic CD of her obscene pictures. Police came into motion and linking the clues, the accused was arrested with the victim at Haridwar railway station on 11.12.2009. Recovery memo is Ex. Ka -36, which bears the signature of the accused as well as the victim. The undervest and underwear of the accused and undergarments of the victim were taken into possession. The same were sent for the chemical examination to the Forensic Science Laboratory.