SUNIL UNIYAL Vs. STATE

JUDGEMENT

(1.) This appeal is instituted against the judgment and order dated 11.08.2016, rendered by learned Sessions Judge, District Pauri Garhwal, in Special Sessions Trial No.19 of 2015 (leading case) and Special Sessions Trial No.34 of 2015, whereby the appellant was charged with and tried for the offences under Section 376, 366, 506 IPC & Section 3(1)(x)and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. The appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- under Section 376 IPC. The appellant was also convicted and sentenced to undergo seven years' rigorous imprisonment under Section 366 IPC. He was further convicted and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- under Section 506 IPC. He was further convicted and sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs.5,000/- under Section 3(1)(x) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. In default of payment of fine, the appellant was ordered to serve out six months' additional simple imprisonment in above noted offences respectively. All the sentences were directed to run concurrently.

(2.) The case of the prosecution, in a nutshell, is that PW1 (name withheld) moved a Tehrir report Exhibit Ka-1 to the S.P. Pauri against the appellant with the allegations that the house of the victim and appellant are situated face to face. The appellant Sunil Uniyal had a bad eye on her. The victim belongs to Scheduled Caste community. The appellant belongs to Upper Caste community. On 10.10.2013, she went to the market to buy some goods for marriage of her son. The appellant came there. He forced her to sit on the motorcycle. He drove the motorcycle to Shani Dev Temple. He forcibly put vermilion on her forehead. The appellant, thereafter, forcibly took her towards Jungle of Chauran-Sindi-Jaskot Motor Road by pointing revolver at her. He removed her clothes. He tied her hands and feet by rope. Thereafter, the appellant committed rape on her forcibly. He threatened her. The appellant also visited her house on 07.12013 and pelted stones on her house. The FIR was registered. The matter was investigated and the challan was put up against the appellant after completing all the codal formalities.

(3.) The prosecution has examined as many as six witnesses in its support.