Decided on March 14,2013



- (1.) Complainant Smt. Kamla Devi addressed an application under Section 156 (3) Cr.P.C. to the Judicial Magistrate, Rudrapryag on 17.05.2003 complaining about the misdeeds of her husband. Learned Judicial Magistrate, Rudrapryag allowed the application and directed the PS concerned to register and investigate the case. Accordingly, a first information report bearing case crime no. 507 of 2003 was registered against the victim's father/informant's husband Gabar Singh as regards offences punishable under Sections 323, 504, 506 and 509 IPC on 19.05.2003. Informant Kamla Devi was the mother of the victim and wife of the accused.
(2.) Upon the investigation, a charge sheet as regards offences punishable under Sections under Sections 323, 504, 506, 509, 376 and 109 IPC was submitted against the accusedappellant, whereupon the case was committed to the Court of Sessions. When the prosecution opened it's case, charges with respect to commission of offences punishable under Sections under Sections 323, 504, 506, 509, 376 and 109 IPC of the Indian Penal Code were framed against the accused-appellant, who pleaded not guilty and claimed to be tried. Four prosecution witnesses were examined on behalf of the prosecution, viz., PW1 Smt. Kamla Devi, PW2 Sangeeta (victim), PW 3 Constable Arjun Singh and PW4 Vishram Singh (investigating officer) and, thereafter, incriminating evidence was put to the appellant in statement under Section 313 of the Code of Criminal Procedure, in which he said that he has been falsely implicated in the case. After hearing both the sides, the learned court below, by the judgment and order under appeal, convicted the appellant, namely, Gabar Singh, for the offences punishable under Sections 376/109 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years. Aggrieved thereby, the present appeal was preferred.
(3.) Prosecution led the evidence through PW 1 Smt. Kamla Devi, who, in her examination-in-chief, said that Gabar Singh was her husband, who was an Ex-Army personnel. She alleged that the accused, most of the time, remains intoxicated and used to beat her and her daughter. On 16.05.2003, at 11:00 a.m. the accused came into kitchen and assaulted PW 1 Kamla Devi. On 16.05.2003 itself when Sangeeta (victim) was sleeping in her room, victim's father /accused-appellant told her to open the doors, otherwise he will kill her mother. Sangeeta opened the door of her room. Accused dragged her and pushed PW 1 aside. Accused took his daughter (PW2) inside the room and attempted to commit rape with his daughter (Sangeeta). PW 1 raised an alarm, whereupon the accused opened the doors. Apprehending danger to their lives, PW 1 and PW 2 closetted themselves inside the room, through out the night. Accused used to torture them and therefore, PW 1 gave a complaint (Ext. Ka-1) to the District Magistrate. Earlier victim Sangeeta was studying in Shrinagar. The accused used to go there. He wanted to develop illicit relations with her. PW 1 proved her complaint (Ext. Ka-1), which was addressed to Judicial Magistrate, Rudraprayag.;

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