SAMSHAD S/O RASHID Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
Samshad S/O Rashid
State of Uttarakhand and Ors
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(1.) Since both the criminal appeals arise out against the same judgment dated 31-5-2007, passed by Addl. Sessions Judge/3rd F.T.C. Haridwar, in Sessions Trial No.15 of 2005, therefore, they are being decided by this common judgment.
(2.) By the impugned judgment, accused/ Meharban and Samshad, have been convicted U/Ss 363, 366-A and 376 (2)(g) of the Indian Penal Code and both of them were sentenced to undergo R.I. for seven years and to pay a fine of Rs. 5000/- each and in default of payment of fine to undergo S.I. for six months, U/S 363 I.P.C. ; to undergo ten years R.I. and a fine of Rs. 5000/- each and in default of payment of fine to undergo one year's S.I. U/S 366-A I.P.C. and to undergo ten years R.I. and to pay a fine of Rs. 5000/- each and in default of payment of fine to undergo one year's S.I. U/S 376(2)(g) I.P.C. All the sentences were directed to run concurrently.
(3.) The prosecution case, in brief, is that on 10-10-2004 at about 12-30 P.M. complainant Saheed lodged written report, Ext. Ka.1 at P.S. Kotwali Roorkee with the allegations that on 9-10-2004 at about 7.00 P.M. his daughter i.e. prosecutrix aged 12 years, had gone for natural call in the jungle. Accused Meharban enticed away her and brought her in the room of his sister's husband Samshad in village Jorasi and committed rape upon her. It was further mentioned in the written report that the complainant and his brother-in-law Julfkar searched the girl whole of the night and when they were making search, in the next morning, the girl was coming weeping and she narrated the whole incident. On the basis of written report, chick F.I.R. Ext. Ka.5 was prepared and case crime No. 289/2004 U/Ss 363, 366 and 376 I.P.C. was registered against accused Meharban, copy of the G.D. of registration of the case is Ext. Ka.6. The prosecutrix was medically examined. The I.O. visited the place of occurrence and prepared site plan Ext. Ka.8. The I.O. also took custody of shirt and salwar of the girl and prepared memo Ext. Ka.11. The statement of the prosecutrix U/S 164 Cr.P.C. was recorded by Judicial Magistrate Roorkee and after completion of investigation, charge sheet Ext. Ka.9 was submitted against accused Meharban and charge sheet Ext. Ka. 10 was submitted against accused Samshad.;
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