NAUSHAD Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-125
HIGH COURT OF UTTARAKHAND
Decided on April 17,2013

NAUSHAD Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) A complaint was written by one Kishan Kant Sahgal, on 05.03.1997, to Station Officer Bhagwanpur, District Hardwar, alleging that his brother's wife Smt. Murti Devi was raped by Naushad, Irshad @ kala and Abdul Rahim @ Bhot, and also tried to kill six years' old child of the prosecutrix.
(2.) It was written in the F.I.R. that informant's brother, namely, Ilam Chand was residing at informant's house. Ilam Chand was operated upon for knee on 26.02.1997, at Dev Nurshing Home, Roorkee. Ilam Chand's wife Murti Devi, aged 24 years was residing along with her 6 years' old child at her home. On 26.02.1997, at around 12.00 P.M., when the victim was going to village market, accused persons, viz., Naushad, Irshad @ kala and Abdul Rahim @ Bhot and Samin met her on the way. They dragged Murti Devi to a sugarcane field and committed rape with her. When six years old child of the prosecutrix started weeping, accused persons tried to kill her child by pressing her neck. Bal Kishan and Sayeed Ahmad came to the rescue of the victim. Since the informant, as well as the husband of the victim, were away at Roorkee, they came to know of the incident only on 27.02.1997. The prosecutrix was medically examined on 01.03.1997.
(3.) A chick F.I.R. (Ex-A1) was registered on the basis of the said complaint on 05.03.1997 in the Police Station Bhagwanpur, Roorkee, DistrictHardwar. After completion of investigation, a charge sheet was submitted against all the four accused with regard to the offence punishable under Section 376 I.P.C., and one punishable under Section 3 (1) (x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, the charge in respect of offence punishable under Section 376 of I.P.C., and one punishable under Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was framed against the accused persons, who pleaded not guilty and claimed to be tried.;


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