DHANESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment and order dated 2.8.1989 passed by District & Sessions Judge, Tehri Garhwal in Sessions Trial No. 29 of 1988, State vs. Dhanesh Kumar and Sunder Lal, thereby convicting the appellant Sunder Lal u/s 457 I.P.C. awarding sentence of one year R.I. and appellant Dhanesh Kumar u/s 457 and 376 I.P.C. for the sentence of one year and 7 year R.I. respectively.

(2.) BRIEFLY stated the prosecution case is that Manmathan (PW -2) has been running Bhuvneshwari Mahila Ashram at Anjanisain, District Tehri Garhwal for 18 years. He is founder and Secretary of this Ashram in which unemployed women and orphan children reside. Sulochna and Pramila PW -4 are residing in this Ashram. He appointed Dhanesh accused as Supervisor to train these women and orphan children. Sunder Lal accused was also serving in the said Ashram and was removed from service by Swami Manmathan (PW -2). He lodged a report of theft against the accused Dhanesh in December, 1987 in which he was arrested. On 11.1.1988 at about 5 p.m., accused armed with a Khukri and a danda arrived in the inspection house of the Ashram and demanded stipend. Swami Manmathan told that his salary has already been given to his father. After half an hour, accused Dhanesh arrived and threatened Swami Manmathan to see. On feeling danger from accused Dhanesh, Swami Manmathan retired to his office room instead of bed room. On 11/12.1.88 accused Dhanesh and Sunder Lal arrived in the room of Gaushala where Sulochna PW -1 was sleeping. Accused Dhanesh got the door unlocked saying that she was his neice. Then he made search for Swami Manmathan. After a while, he went to Sulochna to return her -torch. He took her to the upper building to search for Swami Manmathan. He, Sulochna, Pramila and accused Sunder Lal went to the room above the gaushala. Sunder Lal and Pramila remained outside the door of the room. Sulochna unlocked the rooms. Then accused Dhanesh took Sulochna to the third room of the Ashram and locked it. Accused Dhanesh committed rape on Sulochna PW -1. On 12.1.88 in the early morning of about 5 or 6 a.m., Sulochna went to Swami Manmathan and narrated the aforesaid incident to him. Then Swami Manmathna (PW -2) dictated report Ext. Ka -1 to his clerk and lodged the same at Patwari Outpost Anjanisain on 12.1.88 at about 8 a.m. Patwari Indra Dutt Dangwal (PW -3) wrote F.I.R. Ext.Ka -3 on the basis of report Ext.Ka -1 and made necessary entry Ext.Ka -4 in the General Diary. He started investigation of this case. He recorded the statement of Swami Manmathan (PW -2) and proceeded to the spot. He inspected the site and prepared site plan Ext. Ka -5. He took into possession the pieces of door Ext. 2 for which he wrote memo Ext. Ka -6. He recorded the statement of Sulochna Devi and took her petticoat Ext. 1 in his possession. He sealed this petticoat and wrote memo Ext. Ka -7.

(3.) THE Investigating Officer after completion of investigation submitted charge sheet Ext. Ka -9 against the accused persons.