DINESH LAL, S/O CHAITU LAL AND ORS Vs. STATE OF U P (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-9-169
HIGH COURT OF UTTARAKHAND
Decided on September 17,2012

Dinesh Lal, S/O Chaitu Lal And Ors Appellant
VERSUS
State Of U P (Now State Of Uttarakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 29.04.1997, passed by learned Sessions Judge, Tehri, in Sessions Trial No. 9 of 1996, whereby said court has convicted accused/ appellant Dinesh Lal under section 376 IPC, and sentenced him to rigorous imprisonment for a period of seven years.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that P.W. 2 Km. Pushpa (victim) was a blind girl aged twenty years. On 23.12.1995, she was at her home in village Bhunal Gaon when other members of family had gone out for their work. At about noon, on that day accused/appellant Dinesh Lal entered in her house. When the blind girl heard sound of rattling at the door, accused/appellant Dinesh Lal told her that it was he who had come. Thereafter, said accused closed the door from inside, and committed rape on the victim. Before leaving the room the accused asked her not to disclose about the incident. When complainant Jabru Lal (P.W.1) father of the girl came back to the house at 5:00 p.m., the girl broke down and narrated the horrifying incident. On next date (26.12.1995) P.W.1 Jabru Lal gave a written report (Ex. A1) to Patwari Syur Bangar who registered the crime no. 13 of 1996, on the basis of the First Information Report given by Jabru Lal (In Uttarakhand hills certain revenue officials are given police powers in the interior areas for the purposes of investigation). P.W.6 Kunwar Singh Sajwan Patwari of the area investigated the crime, prepared check report (Ex. A3), made entry in the General Diary (copy Ex. A4) and investigated the crime. He took the girl to Primary Health Center where P.W. 5 Dr. Minu medically examined the girl Pushpa, and opined in her medical report (Ex. A2) that there was evidence of rape. After interrogating the witnesses, and on completion of investigation the Investigating Officer submitted charge sheet (Ex. A7) against accused Dinesh Lal for his trial in respect of offence punishable under section 376 IPC. He also got the statement of the girl Pushpa recorded under section 164 Cr.P.C., by the Magistrate.;


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