Decided on May 09,2013

PAWAN KUMAR Respondents


- (1.) It is the State appeal against the judgment and sentence of acquittal passed by learned Sessions Judge, Pithoragarh dated 20.09.2001 in Sessions Trial No. 52 of 2001, under Sections 307/306 of I.P.C.
(2.) The prosecution case runs as follows:- The First Information Report was lodged on 15.02.2001 at 22:35 by one Prakash Chandra Joshi resident of Village Thali Post Khawkot, District Pithoragarh at Police Station Askot in the District of Pithoragarh against the accused/respondent Pawan Kumar son of Lal Mani alias Lalit Mohan Pant resident of Village Malli Sangari, Police Station Askot, District Pithoragarh stating that Bhagirathi daughter of Late Narayan Dutt Pant resident of Village Malli Sangari is his niece. She was aged about 22 years at the relevant time. On 15.02.2001 at about 04:30 a.m., she herself had poured kerosene oil on her person and burnt herself. Thereafter, she was taken to the hospital. In the hospital when complainant asked her what had happened, she told him in reply that one Pawan Kumar Pant son of Sri Lal Mani alias Lalit Mohan Pant committed rape forcibly on her two or three days ago, due to embarrassment she had burnt herself. She was admitted in the Government Hospital Pithoragarh. She had given her dying declaration before Tehsildar and thereby narrated the whole incident of commission of rape.
(3.) On the basis of the same Criminal Case No. 19 of 2001 under Section 376 of I.P.C. was registered at Police Station Kotwali Pithoragarh. Thereafter, the investigation was started and the concerned Investigating Officer arrested the accused. The Investigating Officer inspected the spot and prepared the site plan. He also recorded the statements of other witnesses and collected medical report. Bhagirathi died on 19.02.2001. After her death, the inquest report of the dead body was prepared and then the postmortem examination was conducted on 29.02.2001 and report thereof was also prepared. After completion of the investigation, chargesheet was submitted against the accused Pawan Kumar under Section 376 and 306 of I.P.C. before the C.J.M. concerned. Thereafter, the case was committed to the court of Sessions for trial and charge under the said two sections was framed. The defence of the accused was denial and pleaded not guilty and also for trial.;

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