DEEP RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal, under S.374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as CrPC), has been preferred by the appellant against the judgment and order dated 10-6-1987 passed by Sessions Judge, Tehri Garhwal in Sessions trial No. 31 of 1986, State v. Deep Raj, whereby the learned Sessions Judge convicted the appellant under S.376, IPC and awarded for 7 years RI as well as under S.376/511 of IPC and awarded for 7 years RI and both the sentences were directed to run concurrently.

(2.) THE prosecution story in brief is that Km. Kanta, the victim, is a resident of Mayapuri, Delhi. Her mother on the faith over accused / appellant sent her daughter along with the appellant to Hardwar in connection with the treatment of chronic ailment of cough from which the prosecutrix was suffering from her childhood. On 30-6-1986, the prosecutrix in the company of the accused came from Delhi to Hardwar and stayed in Dharamshala. The prosecutrix did not know the name of Dharamshala or its location. In the FIR lodged by the prosecutrix, it was alleged that the accused / appellant committed rape with her in the aforesaid Dharamshala against her will. On the next day, the accused took the prosecutrix to the railway station on the pretext that she was to be taken to Delhi. However, she was taken to Rishikesh and she was made to stay at Hanuman Temple, Muni - Ki - Reti. On 4-7-1986, the accused attempted to commit rape with the prosecutrix against her will, however she was successful in getting rid of the accused. She thereafter, went to Km. Uma, who was residing near Hanuman Temple. She told her that she was unwilling to go in the company of the accused. The prosecutrix in the company of Km. Uma was going to P. S., Muni - Ki - Reti. On the way, several other persons met her and then she went to the police station and handed over written FIR Ex.Ka - 1, scribed by Km. Uma.

(3.) THE prosecution in order to prove his case examined PW 1 Km. Uma, who is a scriber of the FIR PW 2 is Dr. Surendra Nath Ojha, Orthopedic Surgeon who has examined Deep Raj, the accused in Suman Hospital, Narendra Nagar, Tehri Garhwal on 5-7-1986 at 12.15 p.m. PW 3 is Km. Kanta who is the prosecutrix. PW 4 is the Om Prakash who is the father of the prosecutrix. PW 5, Lady Constable Pushpa Butola, a formal police witness who brought the prosecutrix from P.S. Muni - ki - Reti to Suman Hospital, Narendranagar for medical examination. PW 6 is Vishnu Giri at whose house the prosecutrix stayed at Muni - ki - Reti for a night. PW 7 is P. K. Chaudhary, Investigating Officer of the case. After this, the accused was examined under S.313, CrPC and he has denied the allegations made against him and he has stated that he was falsely implicated on account of business rivalry. However, he has not produced any defence witness in his support. After hearing the learned counsel for the parties and considering all the evidence on record, the learned Sessions Judge vide his order dated 10-6-1987 has convicted the appellant under S.376, IPC and awarded for 7 years RI as well as under S.376/511 of IPC and awarded for 7 years RI and both the sentences were directed to run concurrently. Against the said order dated 10-6-1987, the appellant has filed the present appeal before this Court.