SOHAN SINGH ALIAS SONU Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-15
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on May 16,2013

Sohan Singh Alias Sonu Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) A complaint (Ext. Ka-1) was written by the informant Sarvesh on 10.12.2009 to the Reporting Outpost Selaqui, police station Sahaspur, District Dehradun, regarding the rape committed by the accused Sonu with informant's daughter Dolly, aged five years. As per Ext. Ka-1, the informant, who was original resident of Village Mudiya Kurmiyal, police station Puwayan, District Shahjahanpur (U.P.) was residing as a tenant in the house of one Aslam of Village Jamanpur, Selaqui, police station Sahaspur, Dehradun. Sonu s/o Basant, who was a tenant in the house of Kuldeep r/o Pragati Vihar, committed rape with informant's daughter Dolly, aged five years, on 16.07.2009, at around 11:30 P.M. The rape was committed in a bagia (garden).
(2.) Chik FIR (Ext. Ka-6) was lodged on 17.07.2009, at 09:30 A.M. The distance between the place of occurrence and the Reporting Outpost concerned was 11/2 km. The incident took place in the night. The chik FIR was lodged at an earliest opportunity on the next day at 09:30 A.M. The same was registered as case crime no. 30 of 2009 under Section 376 of IPC against accused Sonu.
(3.) After the investigation, a chargesheet (Ext .Ka- 12) was submitted against the accused Sohan Singh alias Sonu in respect of offence punishable under Section 376 of IPC. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 363, 366 and 376(2)(f) was framed against the accused, to which he pleaded not guilty and claimed trial.;


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