RADHEY RAM @ ASHA RAM @ RAM Vs. STATE OF UTTRANCHAL (NOW STATE OF UTTRAKHAND)
LAWS(UTN)-2013-4-108
HIGH COURT OF UTTARAKHAND
Decided on April 11,2013

Radhey Ram @ Asha Ram @ Ram Appellant
VERSUS
State Of Uttranchal (Now State Of Uttrakhand) Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 12.07.2005, passed by Additional Sessions Judge/3rd Fast Track Court, Udham Singh Nagar, in Sessions Trial No. 309 of 2004, whereby said court has convicted the accused/appellant Radhey Ram @ Asha Ram @ Ram under Section 363, 366 and 376 of I.P.C. The accused/appellant Radhey Ram @ Asha Ram @ Ram has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5000/- under Section 376 of I.P.C., rigorous imprisonment for a period of five years and directed to pay fine of Rs. 2000/- under Section 366 of I.P.C., and rigorous imprisonment for a period of four years and directed to pay fine of Rs. 2000/- under Section 363 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 11.07.2004, at about 3.00 P.M. PW2 Rama Devi, aged 13 years, to cause her defilement, was taken away from the lawful guardianship of her father PW1 Bhagwan Prasad from her house situated in Sitarganj, by accused/appellant Radhey Ram @ Asha Ram @ Ram. A First Information Report was lodged by PW1 Bhagwan Prasad (father of the girl) at Police Station Sitarganj, against the accused Radhey Ram @ Asha Ram @ Ram and three others. On the very day (11.07.2004) at about 17:05 hours (i.e. about two hours after the incident) on the basis of said report Crime No. 264 of 2004 was registered, in respect of offence punishable under Section 363 of I.P.C., against the accused Radhey Ram @ Asha Ram @ Ram and three others. The investigation was taken up by PW3 Sub Inspector, Raja Ram Bhargava. During investigation, after the girl was recovered on 12.07.2004 in Pilibhit, she was interrogated, and Sections 366 and 376 of I.P.C. were added to the aforesaid Crime Number. The victim (PW2) Rama Devi was medically examined by the Medical Officer, PW4 Dr. Meena Punera Bhatt, who found swelling and redness in the private parts of the girl and also a small scratch/abrasion in the labia minora. She (PW4) in her Medical Report (Ex. A9) after Radiological Examination and Pathological Examination, opined that though a definite opinion cannot be given on rape but commission of rape cannot be ruled out. After interrogating the witnesses, on completion of the investigation, the Investigating Officer submitted charge sheet (Ex. A7) against the accused Radhey Ram @ Asha Ram @ Ram for his trial in respect of offences punishable under Section 363, 366 and 376 of I.P.C.;


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