NEERAJ SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE impregnability of the judgment and order dated 13.9.2013 has been questioned by the convict/appellant Neeraj Saini. The said judgment was rendered by learned Fourth Additional Sessions Judge, Haridwar in Sessions Trial No.218 of 2013 which pertains to crime no.56 of 2013 at police station Pathri. Appellant was found guilty for the offences of section 376 and 506 IPC, wherefor he has appropriately been sentenced.

(2.) APPELLANT Neeraj Saini, a young man running in his mid twenties, has faced the charge of committing rape upon Smt. Nisha Saini, a married woman running in her mid thirties when her husband was away from house. Shorn of details, the brief sum -up of prosecution version is that PW2 Ravindra Kumar Saini (husband of prosecutrix) had left the house in the morning of 27.4.2013 in order to attend the election duty of Municipal Bodies as a Presiding Officer. So, he remained out of his house in the intervening night of 27/28.4.2013. At that time, his wife Smt. Nisha was present in the house along with her three children. As has been disclosed later, Ms. Kajal, aged about 15 years (daughter of elder brother of PW2) was also present in the house. At about 9:30 PM of that fateful night, appellant entered in the house, gagged the mouth of prosecutrix and by showing a country -made pistol, drove her to a plank cot kept in the adjoining room, shown as 'A' in the spot map Ex.Ka -4. Accused then torn her Kurta, broke string of her trouser and committed rape upon her. She resisted a little and tried to make a noise but she was prevented from doing so by the accused because her mouth had been gagged and further, she was subjected to the threat of killing her as well as her children by the accused at the strength of a country made pistol. Accused ravished her womanhood by such rape for half an hour and then left the house. The victim, having been so raped, came in the room where the children were sleeping and PW4 Ms. Kajal was also present.

(3.) PW 2 (husband of prosecutrix) returned to the house in the midnight of 28/29.4.2013 and in the next morning, he was not apprised by the victim regarding the incident but it was told by PW4 that something wrong had been done with her aunt (victim) by the appellant. Since the mother of PW2 was admitted in Jollygrant hospital, so on 29th, he could not take the things forward and left for the hospital in order to fetch his mother. He returned along with his mother on 29.4.2013 by 5 -6 PM. After coming from the hospital, he motivated his wife in desolation regarding the fact which PW4 had narrated in the morning. In the next morning i.e. on 30.4.2013, victim disclosed the event allegedly happened with her. PW2 taking PW1 with him, lodged the report at the police station on 9.5.2013 at 12:20 PM. Police came into motion and arrested the appellant on the same day of lodging the FIR and since then, he is under incarceration. Investigation culminated into the submission of chargesheet. Learned Additional Sessions Judge levelled the Charges, accordingly, which were abjured by the accused, so after putting him on trial, learned Judge has convicted the appellant/accused as aforementioned.