STATE OF UTTARANCHAL (NOW UTTARAKHAND) Vs. DEEPAK BISHT S/O PREM SINGH
LAWS(UTN)-2013-3-121
HIGH COURT OF UTTARAKHAND
Decided on March 07,2013

State of Uttaranchal (Now Uttarakhand) Appellant
VERSUS
Deepak Bisht S/O Prem Singh Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 378(3) of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 21.11.2006, passed by learned Special Judge/Sessions Judge, Dehradun, in Special Sessions Trial No. 24 of 2005, whereby said court has acquitted accused/respondent Deepak Bisht from the charge of offences punishable under section 376 and 506 IPC, and one punishable under section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Heard learned A.G.A for the appellant/ State, Ms. Gaura Devi Deo, Amicus Curiae for the respondent and perused the lower courtrecord.
(3.) Prosecution story in brief is that on 21.04.2005, at about 1:00 p.m., P.W.1 Meenakumari (a minor girl) took her cattle to water pond in village Dudhali within the limits of Police Station Mussoorie in District, Dehradun. Accused/respondent Deepak Bisht who was already sitting there caught hold of the girl and took herto nearby place and committed rape on her. The girl shouted for help on which her mother P.W.6 Prabha came there but meanwhile accused/ respondent ran away. First information report (Ex. A3) of the incident was lodged by P.W.2 Surendra (brother of the victim) at Police Station Mussoorie on 22.04.2005 at 11:00 a.m. On the basis of said report crime no. 10 of 2005 was registered relating to offences punishable under section 376 and 506 IPC, and one punishable under section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. P.W.9 Girish Chandra Dhyani, Circle Officer conducted the investigation of the case. The girl was examined by P.W.3 Dr. Meenakshi Joshi of Doon Hospital on 22.04.2005, who prepared medical report (Ex. A4) at about 4:00 p.m. She observed in her report that there was no mark of injury on the private parts. She further observed that no definite opinion regarding rape could be given. On radiological examination the age of the girl was found less than sixteen years. The Investigatong Officer, after interrogating the witnesses, and inspecting the spot filed charge sheet (Ex. A14) against accused Deepak Bisht for his trial in respect of offences punishable under section 376 and 506 IPC and one punishable under section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.