Decided on August 02,2013

Manoj Bhatt Appellant


- (1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 23.07.2001 passed by Sessions Judge, Haridwar in Sessions Trial No.07 of 1997, whereby accused/appellant Manoj Bhatt has been convicted under Section 376 read with and 511 I.P.C. and sentenced to five years rigorous imprisonment.
(2.) Prosecution story in brief is that on 16.08.1996 F.I.R. was lodged by one Shri Shiv Kumar Chaturvedi that his two daughters namely, Km. Preeti aged 9 years, student of class 4 and younger daughter Km. Laxmi Chaturvedi aged 6 years, student of class 2 were studying in Shishu Mandir Ganga Nilpam, Haridwar. In the noon, after school hours both his daughters were coming to home. On the way, near Niranjani Akhada in front of Ghoda Hospital one young boy was standing. He by keeping on the mouth of Preeti, dragged 2 her inside nearby house, whose door was already broken. This incident was told to Shiv Kumar Chaturvedi by his younger daughter Laxmi weepingly, who was in panic. At this, he ran towards that place. On hearing the voice of Preeti, Sriram Sharma and Pradeep Kumar his neighbour, who were going towards that house, reached there. All saw that the boy lying the victim down and was holding her in his arms and putting her clothes up, for the purpose of committing rape on her, opened the zip of his trouser. When that boy saw them, he tried to run away leaving the girl there. They stopped the boy, caught him and beat him.
(3.) The case was investigated by the Investigating Officer, who filed charge-sheet against the appellant under section 376/511 of I.P.C. Learned Magistrate, on receipt of the charge sheet, after giving necessary copy to the accused, as required under section 207 of Cr.P.C. committed the case to the court of sessions for trial. Learned Sessions Judge, Haridwar framed charge of offence punishable under Sections 376/511 I.P.C. to which accused Manoj Bhatt pleaded not guilty and claimed to be tried. On this prosecution got examined P.W. 1 Shiv Kumar Chaturvedi (complainant), P.W.2 Km. Preeti Chaturvedi, (victim), P.W. 3 Praveen Kumar, (independent eye witness), P.W.4 Dr. R.K. Pandey, who conducted the medical of the accused, P.W.5 Anand Prakash, Head Constable, P.W.6 Sri Ram, witness of the F.I.R. and P.W. 7 Gajendra Singh, Investigating Officer. In defence D.W.1 Suresh Kumar was examined. Oral and documentary evidence was put to the accused under Section 313 Cr.P.C., in reply to which he alleged that the evidence 3 adduced against him is false. After hearing the parties, the trial court found accused Manoj Bhatt guilty of offence punishable under Section 376 read with section 511 I.P.C. and convicted him accordingly. Aggrieved by the judgment and order dated 23.07.2001, passed by the Sessions Judge, Haridwar in Sessions Trial No.07 of 1997, this appeal is preferred by the convict.;

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