ALI HASAN @ MALLAH S/O SADDIQ Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Ali Hasan @ Mallah S/O Saddiq
STATE OF UTTARAKHAND
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(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 29.03.2006 passed by Addl. Sessions Judge/2nd Fast Track Court, Haridwar, District Haridwar in Sessions Trial No. 118 of 2004 'State vs. Ali Hasan @ Mallah', whereby accused/ appellant Ali Hasan has been convicted under Section 376 and 506 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 10,000/- under Section 376 I.P.C., and in default of payment of fine further rigorous imprisonment for a period of six months and imprisonment for one year under Section 506 I.P.C. has been awarded. It has been directed that the amount of fine awarded to the accused shall be given to the victim Mamo as compensation.
(2.) Heard learned counsel for the parties and perused the Lower Court's Record.
(3.) Facts leading to the appeal, in precise, are that on 17.07.2003 the victim Mamo lodged a written report before the Station House Officer, Bhagwanpur, District Haridwar with the averment that on 16.07.2003 she was alone at her home. Her husband was away in village Gokalpur, P.S. Dehat, Kotwali Saharapur and her son had gone to Roorkee for labour work. On that day at about 6:00 p.m. the accused/appellant Ali Hasan in intoxicated state entered in her house and after shutting the door, he caught hold of her and committed rape upon her. After committing rape, the accused ran away. The accused left his one slipper at the house. She cried. Upon hearing her cries, one Daya Ram S/o Bassu and Vijendra S/o Kashi came at the spot. They also saw the accused running from the scene. While running, the accused threatened her that in case she discloses about the incident, he will kill her husband and her son as well.;
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