PALA S/O BALWANT AND ORS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-143
HIGH COURT OF UTTARAKHAND
Decided on April 30,2013

Pala S/O Balwant And Ors Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) A complaint was written by victim Naheeda Nasreen, on 06.06.1997, to Station Officer, Kankhal, District-Haridwar, as regards offences punishable under Sections 363, 376 and 511 of I.P.C. The occurrence took place on the self same day at 00.30 p.m. (12:30 p.m.). According to complaint, when the victim was going to Haridwar in a bus on 05.06.1997 during day hours, accused Pala sat by her side. He got her alighted from the bus at Kankhal. Pala took her to the house of one Rafal Singh in village Jageetpur. She was served with eatables. Sukkar tried to sexually assault her. She (victim) started weeping. Rafal and Pala scolded her. She cried. The village Chaukidar and two constables came and rescued her. They arrested Rafal, Pala and Sukkar and took them to the police station concerned. The first information report was lodged within a space of 1:30 hours by Naheeda Nasreen.
(2.) The criminal law was set into motion on the basis of said first information report. The victim was medically examined. Her vaginal smear was taken for pathological examination. She was also referred for x-ray for determination of her age. No spermatozoa was found in the vaginal smear as per pathological report. No definite opinion about rape could be given. On the basis of the radiological report, the age of the girl was found to be between 10-12 years.
(3.) The investigation officer inspected the place of occurrence, prepared site plan, took the statement of the victim and accused persons, affected their arrest and after being satisfied that the accused committed the offence, submitted charge sheet against them as regards offences punishable under Sections 363, 376 and 511 of I.P.C. The case was committed to the Court of sessions. When the trial started and prosecution opened it's case, charges against the accused persons were framed in respect of offences punishable under Sections 363, 376/511 of I.P.C., read with Section 109 of I.P.C., who pleaded not guilty and claimed to be tried. The amended charge against of Sukkar was framed in respect of offence punishable under Section 376 of I.P.C., read with Section 109 of I.P.C. Charge in respect of offence punishable under Section 376/34 of I.P.C. was framed against the accused Pala, Sukkar and Rafal, to which they pleaded not guilty and claimed to be tried.;


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