Decided on March 07,2013

Raju S/O Manfulla Appellant
State of Uttranchal (Now State of Uttarakhand) Respondents


- (1.) Both these appeals are directed against the judgment and order dated 25.07.2001, passed by Additional Sessions Judge/IIIrd Fast Track Court, Hardwar, in Sessions Trial No. 40 of 1996, whereby said court has convicted the accused/appellants Raju and Kala @ Devendra under section 376 (2) (g) of I.P.C., and sentenced each one of them to rigorous imprisonment for a period of ten years, and directed to pay fine of Rs. 1,000/-.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that, on 26.02.1995, at about 10.30 a.m. PW1 Sunita (wife of Raj Singh) had gone to ease out herself in the field of one Ghanshyam in Village Narsankala within the limits of Police Station Manglore, District Hardwar. Her mother in law PW33 Smt. Bugli Devi was making cow dung cake in the nearby field. It is alleged that accused/appellants Raju and Kala @ Devendra came there and pounced on PW1 Sunita. They took out her HASLI (necklace), earrings, pendant of gold and silver anklets. Thereafter, the accused Raju committed rape on her in the field. PW1 Sunita raised alarm and shouted for help on which PW3 Bugli Devi (mother in law of the victim), one Shyamo and Ramesho came there. At about 2.00 p.m, on the very day (26.02.1995) First Information Report (Ex A-2) was got lodged by PW2 Raj Singh (husband of the victim) at Police Station Manglore, where on the basis of said report Crime No. 50 of 1995 was registered against the accused/appellants Raju and Kala @ Devendra relating to offences punishable under section 392 and 376 of I.P.C. Crime was investigated by PW5 Sub Inspector Rameshwar Prasad Pal. On the day of incident itself i.e. 26.02.1995, PW4 Dr. Usha Singh of Civil Hospital, Roorkee, medically examined PW1 Sunita and prepared medico legal report (Ex-A3). In said report she observed that there was no marks of injury on the person of the victim. She got sent slides of vaginal smear for pathological examination. Pathological examination no spermatozoa were seen dead or alive. The Investigating Officer inspected the spot interrogated the witnesses, and submitted charge sheet (Ex-A5) against the two accused/appellants Raju4 and Kala @ Devendra, for their trial in respect of offences punishable under section 392 and 376 of I.P.C.;

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