Decided on May 10,2013

Naveenram, S/O Shri Krishna Ram Appellant


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, for short (Cr.P.C) is directed against the judgment and order dated 31.10.2007/ 02.11.2007, passed by Learned Sessions Judge, Champawat, in Sessions Trial No. 01 of 2005, whereby said court has convicted accused/appellant Naveen Ram under section 376 and 457 of I.P.C, and sentenced him to rigorous imprisonment for a period of ten years, and directed to pay fine of Rs. 25,000/- under section 376 of I.P.C, and rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 1,000/- under section 457 ofI.P.C.
(2.) Heard learned counsel forthe parties, and perused the lower courtrecord.
(3.) Prosecution story in brief is that, on 12.05.2004, PW2 Shanti Devi was sleeping in her house in village Dharsou with her two youngest children. Her husband PW1 Channi Ram had gone out of village in connection with his work. At about 10.00 p.m., accused Naveen Ram knocked doors of PW2 Shanti Devi and asked for some kerosene oil. PW2 Shanti Devi told him to take kerosene as the doors were open. On this, Naveen Ram entered in the room and blew of the kerosene lamp inside the house, caught hold of Shanti Devi (PW2) and committed rape on her. After the accused removed his hand from the mouth of the victim she shouted for help and her brotherin law PW4 Lachhi Ram came from the neighbourhood who saw accused Naveen Ram running from the house. The two little children were already crying in the house. On 13.05.2004 (next day) when PW1 Channi Ram came back to his village, his wife (Shanti Devi) narrated him the horrifying story. PW1 Channi Ram firstly tried to contact Naveen Ram who happens to be his nephew in relation. On 13.05.2004, he (PW1 Channi Ram) asked Naveen Ram as to why he has committed the wrong to which the accused instead of feeling sorry asked him to do whatever he liked. On this, on 14.05.2004, at 7.30 am, PW1 Channi Ram went to Patwari of the area, but he was stopped by co- accused Ramesh Ram and Bhuwan Ram, who threatened him of dire consequences. Thereafter, PW1 Channi Ram on 15.05.2004, came to District Head Quarter Champawat, and got his complaint/F.I.R. (Ex. A1) typed from petition writer and took it to the District Magistrate. On instruction of District Magistrate, he went to Kanoongo of the Area, who in turn sent him to Patwari of the Area. On 17.05.2004, the Patwari of the Area (Parewa) on the basis of F.I.R. (Ex- A1) registered Crime No. 01 of 2004, against accused Naveen Ram, Bhuwan Ram and Ramesh Ram, in respect of offences punishable under section 376, 323, 457 and 506 of I.P.C. He interrogated the witnesses and took the victim (Shanti Devi) on 20.05.2004, (after a week of the incident) to Primary Health Center, Champawat, where PW3 Dr. Prabha Joshi medically examined her but no external injuries were found on the person of the victim, and report (Ex-A2) was prepared. The Investigating Officer (Patwari) took the victim on 03.06.2004 before the then Judicial Magistrate (Incharge Chief Judicial Magistrate) Champawat, and got the statement (Ex-A3) of the victim (Shanti Devi) recorded under section 164 of Cr.P.C. On completion of investigation charge sheet (EX-A8) was filed by the Investigating Officer against accused Naveen Ram for his trial in respect of offences punishable under section 323, 376, 457 IPC and as against co-accused Bhuwan Ram and Ramesh Ram in respect of offence punishable under section 506 IPC. (In Uttarakhand hills in certain areas revenue officials are given police powers to investigate the crime).;

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