Decided on March 07,2013

KALA Appellant


Brahma Singh Verma, J. - (1.) THIS Criminal Appeal, U/S. 374 of Criminal Procedure Code (in short Cr.P.C.), has been preferred against the judgment and order dated 13 -7 -2001, passed by 3rd F.T.C./Additional Sessions Judge Haridwar, in S.T. No. 71 of 1999, State Vs. Kala, whereby the accused Kala was found guilty U/S. 376 I.P.C. and he was sentenced to undergo R.I. for seven years and to pay a fine of Rs. 1000/ - and in default of payment of fine to further undergo three months imprisonment. The prosecution case, in short, is that on 22 -8 -1998 Baleswar S/o Sukkad R/o Khanpur P.S. Bhagwanpur, District Haridwar handed over a written complaint at P.S. Bhagwanpur to the effect that on 21.8.98 his wife Smt. Santari Devi had gone to attend the natural call and when she was attending the natural call in the sugarcane field of Om Prakash, accused Kala caught hold of her and committed forcible rape upon her. On raising alarm by the victim, Mani Ram and Janeshwar reached there and on seeing these persons the accused fled away from the spot. On reaching her home, the victim narrated the incident to him. On the basis of the written report, Ext. Ka.7 the case crime No. 93/1998 was registered U/S. 376 I.P.C. against the accused, copy of G.D. is Ext. Ka.8. S.I. Nanhe Ram Sagar conducted investigation of the case. He prepared site plan Ext. Ka.5 of the place of occurrence and he also took custody of the wearing cloths of Smt. Santari Devi and prepared memo Ext. Ka. 1. The victim was medically examined by the doctor. The I.O. after completing the investigation submitted charge sheet Ext. Ka.6 against the accused.
(2.) THE Magistrate concerned committed the case to the court of Sessions for trial. On 16 -11 -1999, the learned 3rd F.T.C./Addl. Sessions Judge, Haridwar framed charge U/S. 376 I.P.C. against the accused, to which he pleaded not guilty and claimed trial after giving the copies to the accused. The prosecution to prove its case has examined P.W.1, Smt. Santari Devi, P.W.2 Baleshwar, P.W.3, Mani Ram, P.W.4, Dr. Urmila Bohra, P.W.5, S.I. Nanhe Ram.
(3.) THE accused in his statement U/S. 313 Cr.P.C. denied the prosecution allegation and stated that he has falsely been implicated in the case. In defence, the accused has Hari Chand D.W. 1 and also filed certificate issued by Block Development Officer Bhagwanpur.;

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