SURENDRA SINGH @ PAPPU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a revision, which has been preferred by the convicts for commission of the offences under Sections 354, 294, 504 and 506 of IPC, which was registered by way of FIR No. 63/2017 registered on 13.07.2012, before the Police Station Kunda, District Udham Singh Nagar.

(2.) The brief facts, which constituted to be the part of set of allegations leveled against the revisionists in the FIR dated 13.07.2012, was to the effect that a complaint, which was registered by one Mr. Ram Singh at the Police Station Kunda, District Udham Singh Nagar, it was to the effect that when his daughter Suman used to move out in public places, the convict person often used to stalk her, abuse her and used to create scenes of obscenity and whenever she tried to object to their action, the convict persons, they used to threaten her that they will do away with her life. The complainant had alleged in the FIR that owing to the set of allegations as leveled against the convict persons, it was to the effect that they have also threatened that they have got their high up connections and even the police will not be able to do anything in case if an FIR is registered against them. The allegation, which was leveled by the complainant father Mr. Ram Singh was to the effect that on 13.07.2012, when the victim was going in the morning at about 6:00 AM, when she was going to her uncle home for collecting wood the convict persons apart from the fact that they were passing obscene remarks, they have also indulged into the act of tearing her clothes and misbehaving with her, as would be apparent from the statements recorded by her when she appeared in the witness box as PW2 and the statement, which was recorded by her before the Trial court, it was to the following effect:

(3.) The action of the convict persons was also supported and proved by the statement recorded by PW1 Ram Singh the complainant father with regards to the incident, which has chanced on 13.07.2012 and also by the statement of S.I. Pradeep Singh Chauhan, who has recorded his statement as PW3, who has submitted that he after verifying the spot where the incident is said to have been committed by the convict persons and after preparing the site plan and recording the statement of the complainant as well as the mother of the victim the statement of PW3 shows that in the recording of the statement under Section 313 by the convict persons the offence as alleged to have been committed under Sections 294 and 354 is apparently shown to have been made out because of the set of allegations and the narration of incident, which has been given by PW2 in her statement, which this Court is of the view that no young girl, until and unless she faces with such an awkward situation of an obscenity in public created by the convict persons in a public places, she would ever make a reference in the statement, which she has recorded before the Court below.