STATE OF U P (NOW STATE OF UTTARAKHAND) Vs. ALI SHER S/O ROSHANDEEN, GOLA SOTA KANGRI AND ORS
LAWS(UTN)-2012-9-137
HIGH COURT OF UTTARAKHAND
Decided on September 06,2012

State Of U P (Now State Of Uttarakhand) Appellant
VERSUS
Ali Sher S/O Roshandeen, Gola Sota Kangri And Ors Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 04.12.1998, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 59 of 1995, whereby said court has acquitted the accused/respondents Ali Sher S/o Roshandeen, Shamsher S/o Noor Ahmad, Shamsher S/o Lal Hussain, Noor Ahmad S/o Baggu, Shama S/o Roshandeen and Ali Sher S/o Lal Hussain from the charge of offences punishable under Section 148, 457/149, 363/149, 366/149 and 376/34 of I.P.C.
(2.) Heard learned counsel for the State (appellant), and learned counsel for the accused/respondents, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Fazar Bibi got married to one Mohd. Umar on 17.11.1992. Whereafter, she started living in her matrimonial house at Lal Dhang, Patti Udaipur Palla within the limits of District Pauri Garhwal. It is alleged by the prosecution that on 26.11.1992, the husband of PW1 Fazar Bibi was away from his house, when accused/respondents Ali Sher S/o Roshandeen, Shamsher S/o Noor Ahmad, Shamsher S/o Lal Hussain, Noor Ahmad S/o Baggu, Shama S/o Roshandeen and Ali Sher S/o Lal Hussain armed with deadly weapons entered in the house of PW1 Fazar Bibi and abducted her. She (PW1) got herself freed from the clutches of the accused on 20.12.1992, and reached her matrimonial house. She gave a report on 22.01.1993, to the Sub-Divisional Magistrate, regarding the incident, in which, she alleged that during the period she remained abducted, accused/respondents Ali Sher S/o Roshandeen, Shamsher S/o Noor Ahmad and Shamsher S/o Lal Hussain committed rape on her. On the basis of said report (Ex. A1) Crime No. Nil was registered at Police Station Kotdwar, against the six accused/respondents in respect of the offences punishable under Section 147, 148, 452, 364 and 376 of I.P.C.;


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