STATE OF UTTARAKHAND Vs. RAVINDRA

JUDGEMENT

(1.) This Government Appeal is directed against the judgment dtd. 24/9/2013, passed by learned Ist Additional District and Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 56 of 2012, 'State vs. Ravindra and three Others', whereby, the respondent-accused Ravindra has been acquitted of the charge punishable under Sec. 376 read with Sec. 511 of the Indian Penal Code, 1860 (in short, 'IPC'), and, the respondents Surendra, Rajendra and Rajnish have been acquitted of the charge punishable under Ss. 323, 504 and Sec. 506 IPC.

(2.) Briefly stated the prosecution case as it emerges from the evidence on record is that the victim's father (PW1) gave a written information (Ext. Ka. 1) dtd. 7/9/2011 to the police station to the effect that today around 5:30 p.m., when his daughter (PW6) was going to defecate, the accused-Ravindra pulled her into a sugarcane field at a knife-point, broke her nada and tried to rape her. When the victim made noise the informant's wife (PW2), who was cutting grass nereby, cousin sister of the victim (PW4), his son (PW9) reached the spot. When an attempt was made to apprehend the accused- Ravindra, he assaulted the prosecution witness PW3 with a knife and ran away from the spot. His daughter informed him about this incident. He, his family members and villagers went to Surendra's house. He complained about Surendra's son Ravindra. On this, Surendra, Rajendra and Rajneesh beat him. They threatened to kill him if he reported the incident to the police.

(3.) An FIR No. 224 of 2011 (Ext. Ka.2) was lodged with police station Gangnahar, District Haridwar on 8/9/2011 at 16:05 hrs pursuant to the written information (Ext.Ka.1). The said written information was written by the prosecution witness PW8 on the informant's behest, on which the informant (PW1) had put his signature. The FIR was registered by Constable Gambhir Singh Rawat (PW5). Dr. Swati Murari (PW10) examined the injuries of the victim and the witness PW3 on 7/9/2011 Sub-Inspector Darshan Prasad (PW7) took up investigation. He recorded statements of the witnesses. Site plan (Ext. Ka. 4) was prepared by him. On completion of the investigation, a charge-sheet (Ext. Ka.7) was submitted by him.