SARAFAT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal appeal against the judgment and order dated 22- 5-1984 passed by the Ist Addl. Sessions Judge, Nainital in S. T. No. 79/1982, whereby the accused persons, namely Tara Chand, Sarafat-appellant and Bhagwan Dass were convicted under Sections 366, 368, 376 I.P.C. and sentenced to undergo R.I. for a period of five years under each count. All the sentences would run concurrently.

(2.) The prosecution case in a nutshell is that two prosecutrix, who had been residing with their guardians in village Bagga No. 54, P. S. Khatima, District Nainital, went for collecting fuel woods on 23-2-1982 at about 12 noon. Some other villagers including Pooran Masi (PW-4) also went in the jungle for the said purpose. When they were returning with the fuel woods Forest clerk Ram Gopal checked them and detained others but released the said prosecutrix and instructed them not to come again in the jungle for collecting the fuel woods. When they proceeded a little ahead, they were caught hold of by the accused persons and dragged them into the jungle at the point of gun, tamancha and knife. In the night of 23-2-1982, the accused persons outraged their modesty. On 24-2-1982 and 25-2-1982 the prosecutrix were kept in the sugarcane field of village Debipura and were ravished there also. In the morning of 26-2-1982 they saw some people of village Debipura near sugarcane field they raised an alarm. Thereafter, the villagers came to them and the accused persons escaped from there. The prosecutrix were brought by the villagers to the village of Debipura and from there Khub Chand (PW-6) and one Madan Lal took them to their original village Nausar where they were given to their guardians. On 27-2-1982 Raghubir (PW-3) and Sudhi Ram husband of Smt. Omwati lodged a report (Ex. Ka. 1) and the clothes of the prosecutrix were seized by the police vide seizure memo (Ex. Ka. 2). Both the prosecutrix i.e. PW 1 & PW 2 were medically examined on 28-2-1982 by Dr. (Smt) Raj Laxmi Agarwal (PW-5) who prepared the report (Ex. Ka. 4) of PW 1 and Ex. Ka. 5 of PW 2. The FIR (Ex. Ka. 10) was lodged at the police station and entry to that effect was made in the G. D. (Ex. Ka.11). The investigation was entrusted to Vikram Singh Bist-I. O. (PW-7), who prepared the site plan (Ex. Ka. 6) of the place from where the victims were kidnapped and Ex. Ka. 7 of the place from where the victims were recovered. The Investigation was taken up as usual which culminated into the submission of the charge-sheet (Exs. Ka. 8 & 9).

(3.) Charge-sheet (Ex. Ka. 8) was framed against Tara Chand & Sarafat appellant and Ex. Ka.9 against Bhagwan Datt. They denied the charges and claimed the trial.