MAKHAN SINGH AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS jail appeal has been preferred by the appellants, against their conviction and sentence, recorded by Addl. Sessions Judge / I ET.C., Udham Singh Nagar vide judgment and order dated 31 -5 -2004, in S.T. No. 330/2003, whereby both the appellants were convicted U/S 376 I.P.C. and sentenced to ten years R.1. and fine of Rs. 5000/ - each and in default of payment of fine to further undergo R.1. for one year. The accused/appellants were however acquitted .from the charges U/Ss 323, 504, 506 I.P.C. levelled against them.

(2.) BRIEF facts giving rise to this appeal are that Jagtar Singh and his sister Shimali Kaur moved a written complaint, Ext. Ka.1 before the S.D.M. Ram Nagar, District Nainital with the allegations that accused Makhan Singh is the father of complainant Shimali Kaur and the accused Phumman Singh is her uncle. After the death of her mother, both these accused had bad -eye on her for their lust. It was also alleged that the accused used to extract illicit liquor. After taking liquor they used to beat and ill -treat the complainant and her brother and sisters. It was also alleged that the accused persons committed forcible rape upon Shimali Kaur due to which she became pregnant. Jagga Singh, brother of the prosecutrix resides at the house of her maternal grandfather in village Tumadia Daam P.S. Ram Nagar due to the fear and cruelty committed on him by the accused persons. When he came to know about the offence committed by the accused persons, he came to Shimali Kaur to fetch her and his younger brother and sisters on 30 -7 -2003. The accused also beat him. The accused persons thereafter came at the house of maternal uncle and threatened to kill them. The S.D.M. Ramnagar directed the S.O. to investigate the matter. The S.O. Ramnagar registered case against the accused persons vide entry in the G.D., Ext. Ka -6. S.1. N.P. Singh Chauhan investigated the case. He visited the spot and prepared site -plan Ext. Ka.7. Km. Shimali Kaur was got medically examined. On 13 -10 -2003 the prosecutrix was given in the Supurdagi of her maternal grandfather, and prepared memo of supurdagi, Ext. Ka.8. After completing the investigation, the I.O. submitted charge sheet, Ext. Ka.9 against the accused persons.

(3.) ON committal of the case, the learned Sessions Judge framed charges U/Ss 376, 323, 504 and 506 I.P.C. The accused pleaded not guilty and claimed to be tried.