Decided on March 13,2013

Ram Gopal S/O Sri Sobran Singh Appellant


- (1.) Heard Mr. S. P. S. Panwar, Senior Advocate assisted by Mr. H. C. Pathak, Advocate for the appellant and Ms. Mamta Bisht, Asstt. Government Advocate for the State.
(2.) The present appeal arises out of the judgment and order dated 05.06.2002 passed by the Additional Sessions Judge/1st F.T.C., Haridwar in Sessions Trial No.7/1994, whereby the appellant / accused was convicted under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.3,000/-. In default of payment of fine, the appellant shall further undergo rigorous imprisonment for six months. Coaccused Ajay Kumar was given benefit of doubt and was acquitted for the offence punishable under Section 376 I.P.C.
(3.) According to the prosecution story, an FIR was lodged by the prosecutrix Smt. Pritam Kaur W/o Santosh Singh R/o Muradpur, Amritsar, Punjab at police station Kotwali, Haridwar post midnight of 26/27th March, 1992 (at 1:45 AM) alleging therein that she had come from Amritsar, Punjab to Haridwar to take a holy dip in the river Ganga during the "Kumbh Mela". By the time she finished her bath in the river, the night had already fallen and since she could not return to her village that day, she was looking for accommodation in any nearby hotel or Dharamshala at Haridwar. It was then that she met three persons, namely, Bharat, Ram Gopal (appellant) and Ajay Kumar, who assured her that they would provide her an accommodation in a hotel and took her to Ganga Lodge at Ram Prasad Gali. Thereafter, they got the keys of upper room of Ganga Lodge and took her to a room in the lodge where they started misbehaving with her. She resisted, but, the accused persons thereafter committed rape on her one by one, against her wishes and inspite of her resistance. It was further alleged in the FIR that when the police reached the spot, one accused Ajay Kumar escaped but the other two i.e. Bharat and Ram Gopal / appellants, who were in a naked condition in the room were arrested by the police. Consequently, on the basis of FIR, a case was registered against the accused persons under Section 376 I.P.C. The matter was investigated and a chargesheet was filed against the accused. Thereafter, the matter was committed to the Court of Sessions and it was transferred to the Additional Sessions Judge, who framed the charges against the accused persons, namely, Ram Gopal / appellant and Ajay Kumar under Section 376 IPC.;

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