Decided on March 05,2013

SURESH Appellant


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, is directed against the judgment and order dated 21.01.2003, passed by learned Additional Sessions Judge/ II Fast Track Court, Udham Singh Nagar, in Sessions Trial No. 237 of 1999, whereby said court has convicted accused/ appellant Suresh under section 376 and 452 IPC. The convict (appellant) has been sentenced to rigorous imprisonment for a period of seven years under section 376 IPC and rigorous imprisonment for a period of two years under section 452 IPC.
(2.) Heard learned counsel for the appellant, and learned A.G.A., for the State and perused the lower courtrecord.
(3.) Prosecution story in brief is that on 02.04.1999, at about 10:00 p.m., P.W.1 Sohan Lal was coming back with one Hemraj and Ramesh from the house of his neighbour Durga Prasad where he had gone to watch T.V. He (P.W.1) heard shrieks of his wife Rajkumari (P.W.2), who was deaf and dumb. P.W.1 Sohan Lal immediately rushed alongwith neighbours to his house where he saw that accused Suresh (S/o Ram Gulam Balmiki) was committing rape on his wife. On seeing P.W.1 Sohan Lal and others, accused attempted to flee but he was caught and taken to police station. First information report (Ex. A1) of the incident was lodged in the intervening night of 02.04.1999/ 03.04.1999 at about 1:00 a.m., at Police Station Kotwali Rudrapur. On the basis of said report crime no. 387 of 1999 was registered relating to offences punishable under section 376 and 452 IPC against accused Suresh. After taking accused into their custody police took into their possession underwear of the accused Suresh, and petticoat of P.W.2 Rajkumari (victim) and prepared recovery memorandums Ex. A2 and Ex. A3 respectively. P.W.2 Rajkumari was taken to Jawahar Lal Nehru Hospital, Rudrapur, where she was medically examined by P.W.3 Dr. Amita Upreti. The medical officer prepared medical report (Ex. A4). She observed that no injury was seen on the person of the victim. The investigation of the case was taken up by P.W.4 S.I. Rakesh Singh who interrogated the witnesses, inspected the spot and submitted charge sheet (Ex. A6) against accused Suresh (S/o Ram Gulam Balmiki) for his trial in respect of offences punishable under section 376 and 452 IPC.;

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