RAJU Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Alok Singh, J. -
(1.) IN the present appeal, appellant is assailing the judgment and order dated 15.09.2008/16.09.2008 passed by Additional Sessions Judge/1st FTC, Dehradun in Sessions Trial No. 88 of 2005 whereby accused was convicted for the offences punishable under Section 302, 376(1), 201 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/ -, failing which to undergo six months additional rigorous imprisonment under Section 302 IPC, to undergo 10 years rigorous imprisonment and to pay fine of Rs. 5,000/ - failing which to undergo three months additional rigorous imprisonment under Section 376 IPC AND to undergo three years rigorous imprisonment and to pay fine of Rs. 2,000/ - failing which to undergo one month additional rigorous imprisonment under Section 201 IPC. All the sentences were ordered to run concurrently. Brief facts of the present case, inter alia, are that PW3 lodged an FIR with police station Raiwala, District Dehradun on 23.06.2005 to the effect that on 22.06.2005 between 3.00 p.m. to 4.00 p.m. his daughter 'A', aged about 12 years, had gone to nearby jungle on natural call to relieve herself; when she did not return, a search was made for her and inquiries were made from the nearby people; in the morning of 23.06.2005, all the villagers started making search for 'A' and her dead body was found lying near the forest road towards Gwal Tappad in the jungle; on seeing the dead body, it appeared that she was raped before her murder.
(2.) DEAD body of 'A' was taken into custody by the police and was sent for postmortem examination. Dr. Hemant Bhardwaj (PW10), who conducted the postmortem examination upon the dead body of 'A', opined that cause of death was asphyxia due to strangulation and before her murder, she was subjected to sexual abuse. He further opined that death could be caused between 3.00 p.m. and 4.00 p.m. on 22.06.2005. He further opined that there were multiple graze abrasions, on the hip and back of 'A'. Having lodged the report, police investigated the matter and filed a charge -sheet against accused appellant for the offences punishable under Section 302, 376(1), 201 IPC. Before the trial Judge, PW1 Suraj, PW2 Shail Devi, PW3 Dharam Singh, PW4 Bal Govind, PW5 Atar Singh, PW6 Bhola Singh Rawat, PW7 Baraf Singh Pokhariyal, PW8 Taj Kaluda, PW9 Balbeer Chauhan, PW10 Dr. Hemant Bhardwaj, PW11 Mahendra Singh, PW12 Bhuwneshwar Sharma, PW13 SI Bhupendra Singh were examined.
(3.) THE trial Judge, having considered the entire material available on record, has found the appellant guilty for the offences punishable under Section 376(1), 302, 201 IPC and convicted & sentenced him, as mentioned hereinabove.;
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