Decided on March 14,2013



- (1.) This appeal preferred u/s 374 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 31.05.2003 passed by Sessions Judge, Pithoragarh in Sessions Trial no. 46 of 2000 State vs. Bhopal Singh, whereby the learned Sessions Judge has convicted the accused/appellant Bhopal Singh for the offence punishable u/s 354 and 452 of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced him to undergo rigorous imprisonment under Section 354 I.P.C. for a period of one year with a fine of Rs. 500/- and in default of payment of fine further rigorous imprisonment for a period of three months and two years rigorous imprisonment under Section 452 I.P.C. with fine of Rs. 500/- and in default of payment of fine further rigorous imprisonment for a period of three months. It was directed that both the sentences shall run concurrently. The accused/ appellant was acquitted for the offence punishable under Section 376/511 I.P.C.
(2.) I have heard Mr. B.S. Adhikari, learned counsel for the accused/appellant, Mrs. Mamta Bisht, learned Addl. Govt. Advocate for the State & Ms. Sangeeta Miyan, Brief Holder for the State.
(3.) The prosecution case, in brief, is that on 01.09.1998, the complainant Ram Singh Rawat (PW-2) lodged a First Information Report at Police Station Lohaghat that on 31.08.1998 at about 8:00 p.m. the accused/appellant Bhopal Singh son of Nar Singh, resident of Aseri Toak entered in his house with the intention to commit rape upon his wife-Smt. Anandi Devi clenched her and in this process, the accused tore his wife's clothes. When the complainant and his son-Surendra Singh Rawat (PW-3) shrieked, the accused fled away threatening them not to lodge any complain otherwise he will kill the whole family. With the same averments the First Information Ext. A-1 was lodged by the complainant at Police Station, Lohaghat. On the basis of the written report, the Chik First Information Report Ext. A-2 was prepared by Constable Bishan Lal (PW-4) on 01.09.1998 and a crime no. 95 of 1998, under Section 452, 376/511, 506 I.P.C. was registered. An entry was made in the G.D. a copy of G.D. is Ext. A-3. Investigation of the case was entrusted to S.I. Ram Ratan Pathak, who after making spot inspection prepared site-plan Ext. A-4 of the place of occurrence. During investigation, the statements of the witnesses were recorded and after completing investigation, charge sheet Ext. A-7 was submitted on 15.01.1999 by the Investigating Officer against the accused/appellant Bhopal Singh under Section 452, 376, 511 and 506 I.P.C.;

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