Decided on March 08,2013

MAHESH LAL Appellant
State of Uttaranchal (Now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure 1973 (for short Cr.P.C.), is directed against judgment and order dated 12.12.2003, passed by learned Sessions Judge, Pithoragarh, in Sessions Trial No. 24 of 2002, whereby said court has convicted the accused/appellant Mahesh Lal, under Section 376 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 3,000/-, in default of payment of fine he shall further undergo imprisonment for a period of one year. The accused/appellant has been further convicted under Section 506 (2) of I.P.C., and sentenced to rigorous imprisonment for a period of two years.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW2 Vimla Devi aged 17 years, who used to live with her elder sister and brother in law in Pithoragarh, fell in love with accused/appellant Mahesh Lal, who used to come in the house of her brother in law. Both of them had a love affair and on 04.12.1999, accused/appellant Mahesh Lal took PW-2 Vimla Devi to the Shiv Temple of Hudaiti, and filled vermilion on her parting line of hairs on the head and accepted her as his wife. Thereafter, the accused Mahesh Lal established physical relations with her. The girl (PW2 Vimla Devi) got conceived a child. It is alleged that initially, accused Mahesh Lal wanted that the pregnancy be aborted but failed. He took her to Gaziabad on 05.10.2000. The two lived together in the house of one Ram Prasad till 07.01.2001. Meanwhile, on 22.11.2000, a son was born out of the wedlock. However, on 07.01.2001, the accused told the PW2 Vimla Devi that he was going to Pithoragarh to arrange expenses, but did not return back. PW2 Vimla Devi remained with her son at Ghaziabad waiting for the accused, who told her on phone from Pithoragarh that he had met with an accident and he would be coming after getting well. When the accused did not return, PW2 Vimla Devi went back to Pithoragarh to her elder sister's place. Accused Mahesh Lal came there and quarreled with her and started threatening her of dire consequences. On inquiry, PW2 Vimla Devi after coming back to Pithoragarh, came to know that accused Mahesh Lal got married on 26.01.2001, to a girl of Village Manmanley and later he had a child from the said woman. Still the victim restrained herself but when he neglected to maintain her and the son, she gave a written complaint dated 25.02.2002 (Ex. A4) to the Superintendent of Police, Pithoragarh. On the basis of which Crime No.128 of 2002, was registered at Police Station Kotwali Pithoragarh, against the accused/appellant Mahesh Lal, in respect of offences punishable under Section 363, 366, 376, 504, 506 and 323 of I.P.C. The Crime was investigated by Station Officer, Kunwar Singh Rawat (PW4). The informant Vimla Devi (PW2) was medically examined by PW1 Dr. Bharti Rana of Female Hospital, Pithoragarh on 01.03.2002, and report (Ex. A1) was prepared by her. After interrogating the witnesses and on completion of investigation, the Investigating Officer submitted charge sheet (Ex. A11) against the accused Mahesh Lal for his trial in respect of offences punishable under Section 363, 366, 376, 323, 504 and 506 of I.P.C.;

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