Decided on March 14,2013

LAKSHMAN Appellant


B.S. Verma, J. - (1.) THIS appeal u/S. 374 Criminal Procedure Code (for short 'Cr.P.C.') has been preferred against the judgment and order dated 28 -4 -2010, passed by Additional District and Sessions Judge/4th F.T.C. Haridwar, in Sessions Trial No. 460 of 2007, State v. Lakshman, whereby the accused/appellant has been convicted u/S. 376/ 511 I.P.C. and sentenced to undergo five years R.I. and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo S.I. for six months. The prosecution case, in brief is that, complainant Gopal handed over a written report Ext. Ka. 1 at Police Chauki Har -ki -Pauri Haridwar on 11 -6 -2007, mentioning therein that he is resident of District Chittorgarh, Rajasthan and he had come to Haridwar to flow the funeral bone of his father into Ganga river. His daughter Km. Khusboo aged about five years, had gone toilet in the Bathroom built under the Sanjay bridge and her mother Smt. Gitabai was standing outside the toilet. Hearing the cry of the baby she went inside the toilet and saw the accused running outside from the bathroom. Smt. Gitabai caught hold the accused. Thereafter the girl was taken out from the bathroom and she complaint of pain in her private part. The complainant had brought the accused with them at the police chauki. On the basis of written report, chick F.I.R. Ext. Ka. 5 was prepared and a case crime No. 313/2007 u/S. 376/ 511 I.P.C. was registered against the accused, carbon copy of the G.D. has been proved as Ext. Ka. 6.
(2.) THE girl was medically examined by the doctor on the same day of incident, i.e. 11.6.2007 at C.R.W. Hospital, Haridwar and prepared medical report Ext. Ka. 5. The investigation of the case was conducted by S.I. Kundan Singh Rana. He had visited the place of occurrence and prepared site -plan Ext. Ka. 2 and recorded statements of the witnesses. After completing the investigation he had submitted charge -sheet, Ext. Ka. 3 against the accused.
(3.) THE C.J.M. Haridwar vide his order dated 17 -12 -2007 committed the case to the Court of Session.;

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