DEVENDRA AGARWAL AND ORS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-4-126
HIGH COURT OF UTTARAKHAND
Decided on April 17,2013

Devendra Agarwal And Ors Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) One Sarla Thapa, with whom victim Rita used to reside since her childhood, wrote a missing report to Police Chowki Dakpathar, Dehradun mentioning therein that Rita (victim) left her house on 14.02.1999, at 7.00 P.M. to an unknown destination without informing her (Sarla Thapa). The said missing report (Ex. Ka3) was given on 25.02.1999.
(2.) The victim was recovered on 22.12.1999, from the house of one Sunil Mamgain. A recovery memo (Ex-Ka1) regarding the same was prepared by the police. She was produced before the Additional Judicial Magistrate, Dehradun and her statement was recorded under Section 164 Cr.P.C. on 1.04.2000. She was medically examined by the Medical officer on 23.12.1999. No mark of injury was seen over her private parts. Vaginal smear was taken for histopathological examination. There was an old operation mark on her right side of abdomen. She was sent for X-ray, for determination of her age (Ex. Ka6). In the supplementary report (Ex.Ka7), the Medical Officer opined that the girl was above 18 years of age. No definite opinion about the rape could be given.
(3.) The Investigation Officer conducted investigation and also prepared site plan (Ex-Ka9). On finally being satisfied that the accused persons committed the offences, the I.O. submitted the chargesheet (Ex.Ka11) against Devendra Agarwal, Phool Chand, Sushil Kumar and Smt. Mamta, in respect of offences punishable under Sections 366/376 of I.P.C., and submitted another chargesheet (Ex K13) against the accused Jitendra Agarwal and Sangeeta Agarwal in respect of offences punishable under Sections 366/376 of I.P.C.. The case was committed to the Court of Sessions. When the trial commenced before the trial court and prosecution opened it's case, charge in respect of offence punishable under Section 366 of I.P.C, was framed against the accused Devendra Agarwal, Phool Chand, Sushil Kumar, Jitendra Agarwal, Smt. Mamta and Smt. Sangeeta. The additional charge against the accused Devendra Agarwal and Jitendra Agarwal was framed in respect of offence punishable under Section 376 (g) of I.P.C., who pleaded not guilty and claimed to be tried.;


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