Decided on April 04,2013

Lalit Sharma Appellant


Umesh Chandra Dhyani, J. - (1.) A complaint was filed in the Court of Judicial Magistrate, 1st Class, Ranikhet by the complainant Km. Devki Sharma against the accused persons as regards offences punishable under Sections 376, 365, 201, 312, 450, 420 and 506/34 of I.P.C. According to the complainant, she along with her family members were residing in a hilly backward area at village Katariya Talla, Patty Malla Salt, P.O. Manhait, G.P.O. Maulekhal, Almora, where police assistance was not readily available when needed. There were difficulties in getting medical assistance. Communications and transport were almost non -existent. The complainant was an innocent and homely girl of about 19 years old and living at the aforesaid address along with her mother, brother and sisters. Father of the complainant was employed in Delhi in a private firm and the complainant's father used to visit his native place, as and when he got time. The complainant and her family members were very poor and backward persons and were living only on the basis of yields resulting from small agriculture land in the village. Basically the family was very poor and sometimes had to pass hungry nights.
(2.) THE complainant and her family members were living in a backward hilly area and due to the backwardness, people of the area were facing hardships in the field of communication, transport and medical facility, and above all, due to monetary crises and financial sources, the complainant and her family members faced lot of problems regarding her complaint to reach its destination/concerned authorities for necessary action. The accused No. 1 (appellant) was a street roaming boy who indulged in illegal activities along with other goonda elements of the village and created nuisance and obscene activities in the village. Prosecution story is that on 10th May, 1993 and on 02nd July, 1993, the complainant remained alone in her house during night hours, as her mother had gone to Delhi and returned back to her home town in the month of September 1993. Her mother was shocked to notice that her daughter (complainant) was having an enlarged belly and also occasionally vomited and then she became suspicious about her daughter's pregnancy. Then she forcefully enquired from her daughter (complainant) who was initially hesitant to tell her mother about the incident but however (she) revealed her mother that she was raped by the accused No. 1 (Lalit Sharma) on the above mentioned dates. The accused Lalit Sharma usually came to her house when she was alone and used to molest her and indulge in sexual activities. Accused Lalit Sharma told her that nothing will happen on doing these sexual activities. She being innocent and minor girl, (she) was not aware about the consequences. He also told her that she should not tell about this incident to any other person because if she did, then no other person will marry her and it would create a stigma/slur on her. Accused told the complainant that he will marry her. On listening the whole story, the mother of the complainant was shocked, stunned and started crying. She complained to Head of the Village, Area Patwari/Kanoongo (Devikhal Area) at Bhawali, Almora (Salt) U.P. and to the accused No. 2 Gopal Datt Sharma (father of Lalit Sharma), who pressurized the complainant and her mother not to make the matter worse and assured that he would take care of the matter himself and that they should not worry at all. But before the complainant's father could reach the village, he (accused No. 2) along with some persons took her (complainant) away and got her aborted forcibly and illegally with the help of a nurse named Ms. Pushpa Pandey. All this was done before the complainant's father reached the village. The accused No. 2 Gopal Dutt threatened the complainant and her mother not to tell her husband about this incident and if she did so, he would spoil the life of the complainant.
(3.) THE complainant's mother sent her brother to Delhi to tell her husband about the incident and bring her husband back to the village immediately. When the complainant's father reached the village, he immediately brought the incident to the knowledge of Head of the village and local Patwari and one social organization by the name of "Gram Sudhar Sangathan (Regd.)" intervened in the matter. It was then decided that some amicable solution should be worked out and a meeting was organized on 22nd, 23rd and 24th October 1993. The said meeting was attended by the members of the said Social Organisation, elders of the village, Area Patwari, Head of the Village, former Head of the Village, Freedom fighter Ganeshi Datt Bhatt, Gopal Datt Sharma and four other mediators namely Surendra Singh Mahait, Ganga Singh Negi Mahait, Ganga Datt @ Baraub Datt Oakuwak (father in law of the elder son of the accused No. 2) and the father of the complainant. It was decided in this meeting that since accused No. 2 (Gopal Datt Sharma) had accepted that his son and he himself committed the serious and heinous crime, then he would get his son married to the complainant on or before 31st May, 1994 but inspite of such agreement, the accused No. 2 (Gopal Datt Sharma) failed to surrender his son i.e. the accused No. 1 (Lalit Sharma) and also failed to arrange the marriage till date. By the attitude of the accused No. 2, it appeared that he deliberately and intentionally delayed the matter. The incident was admitted the accused No. 2 in his letter addressed to his elder son Suresh Chand Sharma, which letter was somehow procured and got photocopied by the complainant and was enclosed with the complaint.;

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