Decided on June 14,2013

ARVIND Appellant


B.S. Verma, J. - (1.) THIS Criminal Jail Appeal is directed against the judgment and order dated 15 -7 -2011, passed by Additional Sessions Judge, Rishikesh, District Dehradun, in Sessions Trial No. 94 of 2008, State versus Arvind, whereby the accused has been convicted u/s. 376/511 I.P.C. and was sentenced to undergo three and half years R.I. and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo further two months imprisonment. The prosecution case, in short, is that on 26 -2 -2008 Ravindra Kumar lodged written report at P.S. Rishikesh to the effect that today i.e. on 26 -2 -2008 at about 2 p.m. his daughter Hina aged about 15 years was staying at her house all alone. Accused Arvind, a relative of Smt. Bala, threw a scissor from the roof to the Varanda of complainant and thereupon his daughter came out and Arvind came down from the roof and went inside the house of complainant and seeing his daughter alone, he carried her in the room and he started taking off her clothes and attempted to commit rape upon her. At this his daughter pushed him and raised alarm and during this process his daughter received abrasions on her neck by the hand of Arvind. Hearing alarm raised by his daughter, his neighbour Rajesh Kumar, and the complainant rushed to the spot and pushed opened the door which was closed from inside and these witnesses had seen that Arvind had thrown his daughter on the cot and he was holding her by the neck and was attempting to outrage her modesty. These persons rescued the girl from the clutches of the accused and the accused with the help of other villagers was brought to Police Station.
(2.) ON the basis of written report, Ext. Ka.1, chick F.I.R. Ext. Ka.4 was prepared and a case crime No. 64/2008 u/s. 376/511 I.P.C. was registered against the accused. The copy of G.D. of registration of the case is Ext. Ka.5. The victim was medically examined by the doctor and medical report Ext. Ka.2 was prepared. The doctor also prepared supplementary report Ext. Ka.3. The Investigating Officer visited the place of occurrence and prepared the site -plan Ext. Ka.8 and after completing the investigation, charge sheet Ext. Ka.9 was submitted against the accused.
(3.) THE Judicial Magistrate, Rishikesh vide order dated 18 -8 -2008 committed the case to the court of Sessions.;

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