NARESH @ SUMAYA S/O LATE RAM KISHAN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-177
HIGH COURT OF UTTARAKHAND
Decided on March 19,2013

Naresh @ Sumaya S/O Late Ram Kishan Appellant
VERSUS
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 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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