RAKESH CHOPRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 24.10.2001 passed by Addl. Sessions Judge/Special Judge, CBI (Anti corruption), Uttarakhand, Dehradun in Sessions Trial No. 81 of 2000 'State vs. Rakesh Chopra', whereby accused/ appellant Rakesh Chopra has been convicted under Section 323, 506, 376 (2) (f) read with Section 511 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for six months each under Sections 323 and 506 I.P.C. and rigorous imprisonment for ten years with fine of Rs. 20,000/- under Section 376 (2) (f) read with Section 511 I.P.C. and in default of payment of fine, further rigorous imprisonment for a term of six months. It was directed that all sentences shall run concurrently.

(2.) Heard learned counsel for the parties and perused the Lower Court's Record.

(3.) The facts, leading to the appeal, are that on 10.07.1998 at 9:15 p.m. PW-2 Smt. Santosh Sharma (mother of the victim) submitted a written report (Ext. A-2) before the Inspector of Police, Kotwali, Rishikesh with the assertion that on the very day at 7:00 p.m. her neighbour Rakesh Chopra took her daughter Km. Meenakshi-aged 10 years with him pretending her to eat maize, however enticing her daughter, the accused took her at Dhanwantari complex (Kalikamli) situate at Laxman Jhula Road and threatening her he started molester her. Shedding tears, her daughter returned back and disclosed that the accused took her at Dhanwantary complex, where he ordered her to keep mum and catching hold Meenakshi with her heirs, the accused dashed her head on the staircase and strangulated her throat. Thereafter, the accused removed all her clothes and when the accused tried to commit rape on her, Meenakshi pushed the accused and fled from there. Upon reaching at Bhairo Temple, when she made screams by shouting 'save-save', many people gathered there, who brought her back to home but the accused Rakesh chasing her, came to her house and by strangulating her threatened her not to disclose the incident, otherwise she will be killed. The people gathered there caught hold of the accused and kept him confined in a room. On the basis of written report, a case crime no. 245 of 1998 was