NARESH @ SUMAYA S/O LATE RAM KISHAN Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Naresh @ Sumaya S/O Late Ram Kishan
STATE OF UTTARAKHAND
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(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 26.11.2009/27.11.2009, passed by
Additional Sessions Judge/Ist Fast Track Court
Dehradun, in Sessions Trial No. 145 of 2007,
whereby said court has convicted the
accused/appellant Naresh @ Sumaya (appellant)
under section 376 (1) of I.P.C., and sentenced him
to rigorous imprisonment for a period of seven
years and directed to pay fine of Rs. 2,000/-. In
default of payment of fine the convict is directed
to undergo further rigorous imprisonment for a
period of one month, by the trial court.
(2.) Heard learned Amicus Curiae for the
appellant, and learned counsel for the State, and
also perused the lower court record.
(3.) Prosecution story, in brief, is that
accused/appellant Naresh @ Sumaya is cousin
(son of elder brother of father of the victim) of
PW1 Arti (victim). In December 2006, accused
Naresh @ Sumaya took Arti to Kudkawala to see
his ailing sister Mamta where after the two offered
prayer in Laxman Sidh temple. After offering
prayer in the temple accused asked PW1 Arti to
accompany him deep into the jungle under the
pretext that there is another temple. The girl (PW1)
Arti showed her reluctance, but he forcibly took
her towards the jungle behind the temple. Accused
Sumaya raped Arti after taking her inside the
jungle. The girl went to commit suicide after the
incident, but she was stopped by the accused who
told her that it would give bad name to the family.
Both came back to their house. But after the day
of incident, the victim started living in trauma.
After about five months, on 19.05.2007, in early
hours she left a note/letter for her parents in the
house disclosing about the incident, and asking
them not to search her, and left her house. When
PW2 Radhey Shyam (father of the victim) saw the
note/letter (Ex-A3) left by her daughter, he started
making search for his daughter, and went to Police
Station where he lodged First Information Report
(Ex-A5) at 09.05 am, on the very day 19.05.2007.
On the basis of said report Crime No. 146 of 2007
was registered relating to offence punishable under
section 376 of I.P.C. against the accused Sumaya
(appellant), and investigation was taken up by
PW5 Sub Inspector K.S. Garbiyal. The girl when
seen by her another cousin (son of father's sister of
the victim) near Rispana bridge at about 07.00
pm., from where he took her to her aunt's place.
From her father took back to his house. After
recovery of the girl, on 20.05.2007, PW2 Radhey
Shyam (father of the victim) gave another report
(Ex-A7) at the Police Station disclosing that the
girl has been traced out. Thereafter, the girl was
taken to PW3 Dr. Meenakshi Joshi on the very day
(20.05.2007) where she was medically examined.
Supplementary medical report (Ex-A9) prepared
for determination of her age on the basis of X-ray
of the wrist, knee and elbow of the victim showed
that the girl was aged more than eighteen years. It
appears that statement (Ex-A4) of the girl was got
recorded by Judicial Magistrate, C.B.I. Dehradun,
under section 164 of Cr.P.C, in which she narrated
the entire incident. The Investigating Officer after
completion of investigation submitted charge sheet
(Ex-A14) against accused Naresh @ Sumaya, for
his trial in respect of offence punishable under
section 376 of I.P.C.
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