STATE OF UTTARAKHAND Vs. JARNAIL SINGH
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Alok Singh, J. -
(1.) THIS is a State appeal challenging the judgment and order dated 17.06.2008 passed by Additional Sessions Judge/1st FTC, Haridwar in Sessions Trial No. 27 of 2004 whereby respondent was acquitted of the charge punishable under Section 375/511 IPC. Brief facts of the present case, inter alia, are that PW1 has lodged a report on 04.05.2002 with police station Laksar, Haridwar stating that informant had gone to his relative's place and when he came to his house, his elder daughter Sunita (PW5), younger daughter Chandra Kala (PW9) and her wife Smt. Surti told him that on 01.05.2002 his younger daughter Chandra Kala had gone to the shop of Masoom to purchase some household articles at 11.30 a.m. and when she reached near the house of Ashok, son of Harphool Gujjar, Jarnail Singh, son of Ashok, immediately, caught her and had taken her in his room, after putting his hand on her mouth; he had bolted the room from inside and tried to rape her; meanwhile, Sonu and Sachin could watch from the half opened window of the room that respondent Jarnail Singh was trying to rape Chandra Kala; Sonu and Sachin, immediately, told the incident to PW5 Sunita and PW6 Satbeer; having received the information about the incident from Sonu and Sachin, Sunita and Satbeer immediately rushed to the room of Jarnail Singh and started making a noise, meanwhile, Jarnail Singh, after opening the door of the room managed to escape from the spot.
(2.) HAVING investigated the matter, police submitted a charge -sheet against Jarnail Singh for the offence punishable under Section 376/511 IPC. From the side of prosecution, PW1 Mamraj, PW2 Zahid, PW3 Sachin, PW4 Sonu, PW5 Sunita, PW6 Satbeer, PW7 Ramchandra, PW8 Roshan Lal, PW9 Chandra Kala, PW10 Ummed Singh were produced and examined.
(3.) LEARNED trial Judge having considered the entire material available on record, came to the conclusion that prosecution has failed to prove the prosecution story and ultimately, exonerated the respondent from the charge levelled against him vide judgment under appeal.;
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