DEEP RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C. , has been preferred by the appellant against the judgment and order dated 10-6-1987 passed by Sessions Judge, Tehri Garhwal in Sessions Trial No. 31 of 1986, State v. Deep Raj, whereby the learned Sessions Judge convicted the appellant under Section 376, I. P. C. and awarded for 7 years R. I. as well as under Section 376/511 of I. P. C. and awarded for 7 years R. I. and both the sentences were directed to run concurrently.

(2.) THE prosecution story in brief is that Km. Kanta, the victim, is a resident of Mayapuri, Delhi. Her mother on the faith over accused/appellant sent her daughter alongwith the appellant to Hardwar in connection with the treatment of chronic ailment of cough from which the prosecutrix was suffering from her childhood. On 30-6-1986, the prosecutrix in the company of the accused came from Delhi to Hardwar and stayed in Dharamshala. THE prosecutrix did not know the name of Dharamshala or its location. In the F. I. R. lodged by the prosecutrix, it was alleged that the accused/appellant committed rape with her in the aforesaid Dharamshala against her will. On the next day, the accused took the prosecutrix to the railway station on the pretext that she was to be taken to Delhi. However, she was taken to Rishikesh and she was made to stay at Hanuman Temple, Muni-Ki-Reti. On 4-7- 1986, the accused attempted to commit rape with the prosecutrix against her will, however she was successful in getting rid of the accused. She thereafter, went to Km. Uma, who was residing near Hanuman Temple. She told her that she was unwilling to go in the company of the accused. THE prosecutrix in the company of Km. Uma was going to P. S. , Muni-Ki-Reti. On the way, several other persons met her and then she went to the police station and handed over written F. I. R. Ex. Ka-1, scribed by Km. Uma.

(3.) I have heard Sri D. S. Mehta, learned amicus curiae for the appellant and Sri Amit Bhatt, learned Additional G. A. for the State.