PREM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 12 -12 -1984, passed by Sri R.N. Sinha, the then Sessions Judge, Pithoragarh, in S.T. No. 9/1983, whereby the Appellants were convicted and sentenced to undergo R.I. for a period of five years under Section 366 I.P.C.

(2.) BRIEF fact of the prosecution case are that an FIR was lodged in the police station by Sri D.C.S. Rawat - S.I. alleging therein that the prosecutrix aged about 18 years belonged to Nepal. On 12 -09 -1982 the prosecutrix was going towards Jhulaghat from her village Sagri, Nepal. She was travelling on 12 -09 -1982 towards the house of her relatives at Dharchula from Jhulaghat in a bus in which the accused persons were also travelling alongwith other passengers. During the journey, the accused persons succeeded to get familiar with the prosecutrix. The accused persons told her that she would not get any accommodation in the night in Pithoragarh and thus she would have to face difficulties in getting the accommodation. She was enticed by the Appellants. The lady got down from the bus at Dharchula alongwith the accused persons in the night. The Appellants took her in a hotel i.e. Raja Hotel and booked a room for stay. The prosecutrix protested to stay in the room alongwith the Appellants. On this, one of the Appellant Prem Singh took out his revolver and threatened her with the dire consequences. Thereafter, the two Appellants, namely Prem Singh and Dilip Singh committed the rape upon her. As soon as the Appellant Trilok Singh was ready to commit the rape, the police party headed by D.C.S. Rawat, S.I. reached at the spot alongwith Arjun Singh. The police had brought two witnesses namely Habib Ullah (PW4) and Savir Hussain. The prosecutrix narrated the entire story as mentioned above. The police party took the Appellants as well as the prosecutrix into custody. Thereafter, the prosecutrix was sent for medical examination. The investigation was taken up as usual which culminated into the submission of the chargesheet. After submission of chargesheet the accused were committed to the Court of Sessions for trial and the trial court framed charges against the accused persons. The accused persons denied charges levelled against them and claimed the trial.

(3.) IN the statement recorded Under Section 313 Code of Criminal Procedure the accused persons denied the prosecution case and stated that they have been falsely implicated in this case.