Decided on May 16,2013

Hari Ram, S/O Baleshwar Appellant


- (1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 17.09.2008, passed by the Additional Sessions Judge, Dehradun, in Sessions Trial No. 71 of 2006, whereby the said court has convicted the accused/appellant Hari Ram under Section 376 of I.P.C. The accused/ appellant Hari Ram has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/-, and in default of payment of fine further imprisonment for a period of one year. The time already spent by the accused in jail was to be adjusted with the sentence.
(2.) Heard learned counsel for the parties and perused the lower court record.
(3.) Prosecution story, in brief, is that on 12.03.2006 P.W.3 Km. Dolly (the victim) lodged an F.I.R. with the Police Station, Dalanwala, Dehradun, in which she stated that she resides with her parents at Khatik Mohalla, Karanpur, Dehradun and her age is between 14 to 15 years. She stated that during the daytime, she used to work at Jain's Bungalow. On 11.03.2006, when she was going to the Jain's Bungalow, then in the same Mohalla, near Ram Chandra's house, she met Hari Ram, who was her uncle. She reported that he forcefully took her to his room and forcefully laid her on the floor, gagged her with a cloth, opened her Salwar and commited rape on her. She stated that when she resisted and wanted to scream, he threatened to kill her after which she got scared. She also stated that at that moment, her brother Gopal came there and saw Hari Ram committing rape on her. Thereafter, Gopal threatened Hari Ram and upon hearing the hue and cry, the people nearby came to the spot, after which she went to her home. She further stated that at that time, she was petrified and had come to write the report that day. On the basis of said report, Chik report (Ex. A-6) was prepared and a crime no. 67 of 2006 was registered in respect of offences punishable under Sections 376 and 506 of I.P.C., against the accused Hari Ram. Investigation was taken up by P.W.5 S.I. Jyoti Chauhan, who interrogated the witness' and started investigation. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Hari Ram, for his trial in respect of offences punishable under Sections 376 and 506 of I.P.C.;

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