ANIL S/O BINDAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Anil S/O Bindar
STATE OF UTTARAKHAND
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(1.) This appeal, preferred by the appellant from jail, is directed against the judgment and order dated 03.11.2012 passed by learned Fifth Additional Sessions Judge, Haridwar in Sessions Trial No.16 of 2011, State Vs. Anil, whereby the said Court has convicted the appellant-accused Anil u/s 376(2)(f) I.P.C. and sentenced him to undergo the imprisonment for life with fine of Rs.5,000/-, in default of which one year's additional imprisonment was awarded. Appellant-accused was further convicted u/s 307 IPC and was sentenced to undergo ten years' R.I. with fine of Rs.2,000/-, in default of which, six months' additional imprisonment was awarded. Both the sentences were directed to run concurrently.
(2.) Facts of the case are that PW1 Jagram lodged an FIR at P.S. Kotwali Laksar with the averments that on 9.11.2010, his daughter, aged about 10 years, had gone to her maternal grandmother house at Pithpuri Raighati and she was supposed to return on 10.11.2010. In order to fetch his daughter, when the complainant reached near the said village, he saw the appellant-accused Anil of his village coming out from the sugarcane field. Seeing the complainant, the accused ran away in the fields.
Having suspicion, the complainant went inside the field where he saw his daughter (Ms. Soni) lying in unconscious state. He also noticed the signs of throttling whereas her trouser was found stripped. On shaking the victim, she returned to her senses and informed that while she was returning from village, accused Anil met and lifted her in the lap to bring inside the field. She also disclosed the fact of throttling, as also the commission of bad work upon her by the accused. On the basis of this report, the FIR was lodged on 10.11.2010 at 10:30 PM at P.S. Kotwali Laksar bearing crime no.258 of 2010 u/s 376/307 IPC. Thereafter, in the intervening night of 10/11.11.2010 at 2:30 A.M., the medical examination of the victim was conducted at District Hospital, Haridwar.
On 14.11.2010, the accused was produced before the Magistrate concerned. On 16.11.2010, a team of Three doctors again medically examined the victim, the report whereof is Ex.A-2 whereas the supplementary medical report of the victim is Ex.A-3. The statements of the complainant as well as of victim were also recorded u/s 164 Cr.P.C. The Investigating Officer inspected the place of occurrence and prepared the site plan, which is Ex.A- 4. On completion of investigation, a chargesheet was submitted against the accused in the court u/s 307/376 IPC, which is Ex.A-8. Thereafter, the Charge was levelled against the accused for the aforesaid offences, to which he abjured the guilt and claimed trial.
(3.) In order to prove its case, the prosecution examined PW1 Jagram (complainant), PW2 Dr. Richa Thapliyal, PW3 Soni (victim), PW4 Smt. Pavitra (mother of victim), PW5 Dr. P.R. Pandey, PW6 Dr. Meera Srivastava and PW7 T.S. Rana (I.O.) of the case. Thereafter the statement of the accused was recorded. After considering the entire material available on record, learned trial court convicted and sentenced the accused as afore-mentioned.;
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