ATARU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 9-06-1987, passed by the Sessions Judge, Uttarkashi in S. T. No. 14 of 1986, whereby the appellant was convicted under section 376 and 366 I. P. C. The learned Sessions Judge sentenced two years u/s 376 I. P. C. and also two years R. I. u/s 366 I. P. C.

(2.) BRIEF fact of the prosecution case are that the complainant Musya along with his wife and daughter- vic tim on 17-07-1984 went to work in the field. The complainant and his wife returned in the evening and left their daughter-victim to work in the field. When their daughter did not return to home, the complainant went in search of his daughter. On the next day the complainant came to know that his daughter was kidnapped by Ataru with the intention to marry her. The accused Ataru kept Sita in the house of Gwanu and Ratana and there he committed rape upon her. Thereafter, on 24-07-1984 the complainant lodged the report (Ex. Ka. 1) at patwari Chowki Bangaon, Tehsil Dunda, Distt. Uttarkashi. The Patwari Budhi Singh on the basis of the writ ten report prepared chick F. I. R. (Ex. ka. 4) and G. D. entry (Ex. ka. 5) was made to register a Case Crime No. 3 of 1984 u/s 363, 366 and 376 I. P. C. against the accused. The Patwari Budhi Singh took the inves tigation in his hand. He recorded the statement of the witnesses and pre pared the site plan at the place of occurrence. The investigation was taken up as usual which culminated into the submission of the chargesheet against the appellant & two others Gwanu and Ratana.

(3.) IN the statement recorded u/s 313 Cr. P. C. the accused denied the prosecution case and stated that he has been falsely implicated in this case.