ATARU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 9th June, 1987, passed by the Sessions Judge, Uttarkashi in S.T.No. 14 of 1986, whereby the appellant was convicted under Section 376 and 366 IPC. The learned Sessions Judge sentenced two years u/s 376 IPC and also two years R.I. u/s 366 IPC.

(2.) Brief fact of the prosecution case are that the complainant Musya along with his wife and daughter-victim on 17.7.1984 went to work in the field. The complainant and his wife returned in the evening and left their daughter- victim to work in the field. When their daughter did not return to home, the complainant went in search of his daughter On the next day the complainant came to know that his daughter was kidnapped by Ataru with the intention to marry her. The accused Ataru kept Sita in the house of Gwanu and Ratana and there he committed rape upon her. Thereafter, on 24.7.1984 the complainant lodged the report (Ex.Ka.1) at patwari Chowki Bangaon, Tehsil Dunda, Distt. Uttarkashi. The Patwari Budhi Singh on the basis of the written report prepared chick F.I.R. (Ex.ka.4) and G.D. entry (Ex.ka.5) was made to register a Case Crime No. 3 of 1984 u/s 363, 366 and 376 IPC against the accused. The Patwari Budhi Singh took the investigation in his hand. He recorded the statement of the witnesses and prepared the site plan at the place of occurrence. The investigation was taken up as usual which culminated into the submission of the charge- sheet against the appellant and two others Gwanu and Ratana.

(3.) After submission of chargesheet the accused was committed to the Court of Sessions for trial and the trial Court on 13.1.1987 framed charges against the accused/appellant-Ataru, Gwanu and Ratana and the accused denied the charges levelled against them and claimed the trial.