RAVI KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CONVICT Ravi Kumar is the appellant before this Court throwing the challenge to his conviction and sentence by the judgment dated 24.5.2013 rendered by the 3rd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar while adjudicating the Sessions Trial No. 115/2011, State v. Ravi Kumar. He was tried for the offences of Section 363, 366, 376, 120B IPC, while his four other companions were tried for the offences of Section 363, 366, 120B IPC. The trial culminated into the conviction of Ravi Kumar for the offences of Section 363, 366, 376 IPC only and he was acquitted from the offence of Section 120B IPC. All his companions were acquitted from the charges levelled against them, whereagainst no appeal has been preferred by the State. Appellant has appropriately been sentenced by the learned Trial Judge.

(2.) THE prosecution facts shorn of details are that in the intervening night of 5/6.7.2010, Ms. Preeti was kidnapped by the accused with intent that she may be compelled to marry with him against her will or she may be forced to have illicit intercourse with him. As the facts disclosed in the FIR Ex. Ka -2 lodged by Budhsen Gupta, father of the victim, accused Ravi intruded in his house at about 2.30 AM along with his few companions. They were armed with the weapons. They caught hold of Mr. Budhsen Gupta and lifted Ms. Preeti, aged about 14 years, forcefully and began to carry her. When resisted, Mr. Gupta was beaten and was made confined in a room. Ms. Preeti, Mr. Gupta and his wife kept on making screams, but all went in vain. Thus, the accused succeeded in lifting Ms. Preeti forcibly from the custody of her parents.

(3.) CHICK FIR Ex. Ka -6 was reduced into writing in the morning of 6.7.2010 at 6.30 AM in the Police Station Rudrapur. The police came into motion and recovered the prosecutrix on 8.7.2010 at the bus stand of Rudrapur along with the appellant Ravi Kumar. She went under medical examination on that very day. Her hymen was found torn. Vagina was admitting two fingers easily. No mark of injury was seen. Then ossification as well as vaginal smear test was done and the supplementary report Ex. Ka -4 was prepared. The doctor opined that no definite opinion about the rape can be given and her radiological age was found to be about above 16 and below 18 years.