KAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the above appeals have arisen out of the common judgment and order dated 11. 06. 2007 passed by the learned Sessions Judge, Uttarkashi in S. T. No. 11 of 2006, therefore, both the appeals are being disposed of together by this common judgment. These ap peals have been preferred against the aforesaid impugned judgment and order whereby the accused/appellants Kan Sing and Hari have been convicted & sentenced to undergo rigorous imprison ment for ten years and a fine of 10, 000/- u/s 376 I. P. C. In default of payment of fine, the appellants would further un dergo S. I. for one year. The accused/ap pellants were also convicted & sentenced to undergo rigorous imprisonment for three months and a fine of 500/- u/s 506 I. P. C. In default of payment of fine, the appellants shall further undergo S. I. for 15 days each. It was further directed that both the sentences would run con currently.

(2.) BRIEF facts as emerged from the record reveals that on 06/05/2006, the prosecutrix had been going on a bus from Nogaon to Purola to meet her known person. During the course of the journey, two persons (appellants) met her and they asked her that they would treat her blind eyes. They caught her hands and got down at Purola. There after, they took her to Hotel Kamal Ganga in the night. During the course of the night they forced her to consume liquor in the hotel. Thereafter, the ac cused/appellants committed forcible sexual intercourse upon the victim. It is further revealed that the accused/appel lants were naming each other as Kan Singh and Hari. They were also talking about installation of the hand pump at Naitgard. While committing forcible sexual intercourse upon the victim, the accused/appellants also threatened her to kill if she would make any hue and cry. The victim remained quite during such period. On the next morning, the accused/appellants took the victim on a truck to Mori. In the said truck, four other persons were also sitting alongwith the accused/appellants. They stopped the said truck on the road and again the four persons who were going in the truck alongwith the accused/appellants com mitted rape upon the victim. Thereafter, the accused/appellants Kan Singh alighted the victim at Mori barrier from the truck. Thereafter, a person came there and informed about the victim to Mahila Samakhaya which was run by Km. Kavita PW1. The victim narrated the entire story to Vijendra Singh PW12 as well as other persons to whom she met after the incident. Thereafter, a re port was lodged to the revenue police Chowki Mori on 07/05/2006 by Km. Kavita, a member of Mahila Samakhaya (an NGO organization ). As the case pertains to the police station Purola, the investigation was transferred to regular police. Thereafter, the victim was exam ined by the doctors. The matter was in vestigated by the police and chargsheet was submitted against the accused/ap pellants.

(3.) THE accused-appellants were ex amined u/s 313 Cr. P. C. and they have pleaded not guilty to the offence. THEy have further stated that the police have implicated them falsely in this case.