Decided on July 19,2013

Ram Tej Verma Appellant


- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 04.10.2011, passed by Additional Sessions Judge/5th Fast Track Court, Dehradun, in Sessions Trial No. 235 of 2010, whereby said court has convicted the accused/appellants Ram Tej Verma and Lal Chand under Section 376 (2) (g) of Indian Penal Code, 1860 (for short I.P.C.) and sentenced each one of them to rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 5000/-. It is further directed by the trial court that in default of payment of fine, the defaulter/convict shall undergo three months' simple imprisonment.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story in brief is that PW1 Kusum (victim) is wife of PW2 Akhilesh Kumar. On 27.09.2010, PW2 Akhilesh Kumar, who was working as labour near Raj Bhawan in Dehradun, went along with his wife PW1 Kusum to make some purchases in Vijay Colony. While he was standing in a shop, his wife desired to ease herself out and went downward. After purchases were made by PW2 Akhilesh Kumar, he looked for his wife and when he saw her near a culvert down the hill, his wife was crying. PW2 Akhilesh Kumar enquired from her as to what happened, on which, PW1 Kusum disclosed that she was raped by accused Ram Tej Verma and Lal Chand, who were known to her. A First Information Report (Ex. A1) was scribed by PW2 Akhilesh Kumar himself on dictation of PW1 Kusum and the same was given at the Police Station Dalanwala, soon after midnight at 00.40 hours on 28.09.2010. On the basis of said report, Crime No. 214 of 2010, was registered against the accused Ram Tej Verma and Lal Chand in respect of offence punishable under Section 376 of I.P.C. Investigation was taken up by PW4 Sub Inspector Bhuwan Chandra Joshi. He took the victim for medico legal examination on 28.09.2010, in female hospital, Dehradun, where she was examined by PW3 Dr. Pranjali Singh. No external or internal injury was found by said Medical Officer on the person of the victim, and report (paper No. 10A/1) was prepared by her. After Xray report, she opined that the victim was aged more than 18 years, and no opinion as to rape could be given, which is mentioned in her supplementary report dated 29.09.2010. It appears that the victim was taken to the Judicial Magistrate 1st Class/4th Additional Civil Judge (Junior Division) Ms. Jyoti Bala for her examination to be recorded under Section 164 of Cr.P.C. Ex.A is the statement made by the victim before the Magistrate. During investigation, the two accused were arrested, their under wears were taken in to possession by the Investigating Officer, who after interrogating the witnesses and inspecting the spot, submitted charge sheet (Ex. A9) against the accused Ram Tej Verma and Lal Chand for their trial, in respect of offence punishable under Section 376 of I.P.C.;

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