SHRAWAN KUMAR AND ANOTHER Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-143
HIGH COURT OF UTTARAKHAND
Decided on June 14,2013

Shrawan Kumar And Another Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) A complaint was written by PW 3 Parmatama Singh on 17.07.2003 to SO, Rudrapur, Udham Singh Nagar, enumerating the facts contained therein that on 15.07.2003, at 1:00 p.m., his daughters Vandana, aged 15 years, and Archana, aged about 13 years, were coming back from Government Inter College, Bagwala on bicycles. They were coming back to their residence via the plots of Ravindra Ojha and Raghupati Tiwari. Co-villagers Shrawan Kumar Manik, Guddu and Banwari hid (concealed) themselves in the sugarcane field. While the daughters of the informant were on bicycles, the accused persons pushed them. Vandana and Archana fell on the ground. Accused persons dragged them in sugarcane filed with the intention to commit rape with them. When the daughters of the informant raised alarm, accused persons pressed their mouths. They attempted to commit rape with them. Covillagers Kailash Singh and Maya Singh, who were passing by, intervened. The accused persons fled away no sooner they saw Kailash Singh and Maya Singh. When the informant reached on the place of occurrence, his daughters narrated the incident to him. A conspiracy to this effect was hatched in the hutment of Satish Tiwari, who resided at a distance of 300 meters from the place of occurrence.
(2.) After the investigation, charge sheet for the offences punishable under Sections 376, 511 and 120-B IPC was framed against the accused persons. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 376 IPC read with Section 511 IPC was framed against Shrawan Kumar and Guddu, to which they pleaded not guilty and claimed trial. A separate charge for the offence punishable under Section 120-B IPC was framed against the co-accused Satish Tiwari, who also pleaded not guilty and claimed trial.
(3.) PW 1 Vandana (victim), PW 2 Archana Singh (victim), PW 3 Pramatama Singh (informant, father of the victims), PW 4 Kailash Singh (eyewitness), PW 5 SI Vishal Tyagi ( I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in reply to which, they said that they were falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, co-accused Satish Tiwari was exonerated of the charge levelled against him. Accused Shravan & Guddu were convicted with the offences punishable under Section 376 read with Section 511 IPC. Each one of them was sentenced to rigorous imprisonment for a period of seven years and was also sentenced to pay a fine of Rs. 3000/- each, in default of payment of which, they were required to undergo three months' imprisonment vide Judgment and Order dated 04.11.2008. Aggrieved against the said order, present Criminal Appeal was preferred.;


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