Prafulla C. Pant, J. -
(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C.), is directed against the judgment and order dated 25.06.2005, passed by Learned Sessions Judge, Bageshwar, in Sessions Trial No. 36 of 2004, whereby said court has convicted the accused/appellant Narayan Giri, under section 456 read with section 34 of I.P.C., and sentenced him to rigorous imprisonment for a period of two years and directed to pay fine of Rs. 5,000/ -. In default of payment of which the convict is directed to undergo further six months imprisonment. Heard learned counsel for the parties, and perused the lower court record.
(2.) PROSECUTION story, in brief, that is on 11.11.2003, at about 10.00 pm in Village Farsali Tehsil Kapkot, District Bageshwar, accused/appellant Narayan Giri along with co accused Bhawan Singh (absconder) came in the house of PW2 Chanra Devi under the pretext to take the piece of lighting stick. The moment Chanra Devi (PW2) opened her door, co -accused Bhawan Singh entered in the house, and caught hold of PW1 Km. Prema (grand daughter of PW2 Chanra Devi), and dragged her out of the house. He (Bhawan Singh) took the girl in a field and committed rape on her. First Information Report (Ex -A1) was lodged by PW1 Prema (victim) with Supervisory Kanoongo, Kapkot, on the next day (12.11.2003) at about 9.00 am. (In Uttarakhand hills, certain areas, Revenue Officials are given police powers). On the basis of the First Information Report Crime No. 09 of 2003 relating to offences punishable under section 376 and 456 of I.P.C., and one punishable under section 3(1)(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered against the co accused Bhawan Singh.(absconder), and one unknown person, The Supervisory Kanoongo initially investigated the crime whereafter the investigation was taken over by PW5 Satya Prakash Bhatt, Nayab Tehsildar. Dr. Khem Pal of Primary Health Centre, Bageshwar, recorded three bruise injuries on the back of chest of the girl. The girl (km. Prema) was further medically examined by PW4 Dr. Nisha Pandey of District Female Hospital, Almora, who prepared her report Ex -A8 and Ex -A9. After interrogating the witnesses and inspecting the spot, and on completion of investigation, PW5 Satya Prakash Bhatt, Nayab Tehsildar, submitted charge sheet (Ex -A10) against accused Bhawan Singh (absconder), and accused Narayan Giri (appellant) for their trial in respect of offences punishable under section 376, 456 and 511 of I.P.C., and one punishable under section 3(1)(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 of Cr.P.C., appears to have committed the case to the court of Sessions for trial. But since main accused Bhawan Singh could not be arrested, as such, the trial further proceeded only as against accused Narayan Giri. On 14.12.2004, Learned Sessions Judge, Bageshwar, after hearing the parties framed charge of offences punishable under section 376(2)(g) of I.P.C. and under section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Said court framed a separate charge against accused Narayan Giri (appellant) in respect of offence punishable section 456 read with section 34 of I.P.C., on 21.06.2005. To both the charges accused pleaded not guilty and claimed to be tried.
(3.) PROSECUTION got examined PW1 Km. Prema (victim), PW2 Chanra Devi (grand mother of the victim), PW3 Ram Datt Pandey (Supervisory Kanoongo, who started the investigation), PW4 Dr. Nisha Pandey (who medically examined the girl) and PW5 Satya Prakash Bhatt (who completed the investigation).;