DHARAM SINGH @ DHOOM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal is directed against the judgment and order dated 25.02.2017 passed by Additional Sessions Judge, Vikasnagar, Dehradun in Sessions Trial No.118 of 2016 Dharam Singh @ Dhoom Singh, whereby the appellant has been convicted under Sections 452, 354-B, 506 of The Indian Penal Code, 1860 (for short, IPC). He has been sentenced to rigorous imprisonment for a period of two years along with a fine of Rs.2,000/- u/s 452 IPC, rigorous imprisonment for a period of four years along with a fine of Rs.5,000/- u/s 354B, rigorous imprisonment for a period of one year along with a fine of Rs.1,000/- u/s 506 IPC. In default of payment of fine, appellant has to undergo additional imprisonment for a period of three months. All the sentences were directed to run concurrently.

(2.) Prosecution story, in brief, is that the prosecutrix lodged a First Information Report at P.S. Sahaspur, District Dehradun on 21.04.2016 stating therein that she is resident of Pathra Market Siddharthnagar and presently she is residing with her husband in Village Rampur in a rented accommodation. On 21.04.2016, her husband had gone for work and she was alone in her house. Accused/appellant Dhoom, who lives in the same vicinity, trespassed into her house and attempted to commit rape with her. He pressed her mouth and torned her clothes. She raised hue and cry, on which other people from the neighbourhood came and escaped her from clutches of the accused/appellant. On the basis of FIR, Chik FIR.was prepared and case crime no.82/2016 under Sections 452, 376/511 and 506 of IPC was registered against the accused/appellant. The matter was investigated. During the course of investigation, Investigating Officer arrested the accused/appellant, visited the place of occurrence and prepared the site-plan, got conducted medical examination of the prosecutrix and the accused, taken into possession the clothes of the prosecutrix, and on completion of investigation, filed the charge-sheet against the accused/appellant. On 26.8.2016, charge was framed against the accused/appellant for the offences punishable under Sections 452, 376 and 511 of IPC, to which the accused/appellant pleaded not guilty and claimed to be tried. Prosecution, in order to prove its case, got examined as many as nine witnesses. PW1 Dr. Rukhsar Parveen, PW2 Head Constable Surya Mani Upreti, PW3 Vijay, PW4 Sub Inspector Raj Vikram Singh Panwar, PW5 Noorhasan, PW6 husband of the prosecutrix, PW7 Dr. Pranshu, PW8 prosecutrix and PW9 Sub Inspector Pratibha. Thereafter, the statement of the accused/appellant was recorded under Section 313 of Cr.P.C, in reply to which he pleaded that he been falsely implicated in the case.

(3.) The trial court, after hearing the parties and perusing the entire record, convicted and sentenced the accused/appellant as above.