ATIQ Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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B.S. Verma, J. -
(1.) SINCE both the appeals arise out against the same judgment and order dated 31 -5 -2011, passed by Addl. District and Sessions Judge/4th F.T.C. Dehradun in Sessions Trial No. 110/2009 State versus Atiq and Raja, therefore, for the sake of convenience, they are being decided by this common judgment. The learned Addl. Sessions Judge has convicted both the accused/appellants Atiq and Raja u/ss. 376(2)(g) and 452 I.P.C. and both of them were sentenced to undergo R.I. for ten years u/s. 376(2)(g) I.P.C. and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo S.I. for three months. Both of them were sentenced to undergo R.I. for two years u/s. 452 I.P.C. and to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo S.I. for a month. All the sentences were directed to run concurrently.
(2.) BRIEF facts of the prosecution case are that Prem Singh S/o. Late Sri Dilbar Singh R/o Village Kulhal P.S. Vikas Nagar District Dehradun lodged a complaint dated 21.3.2009 at P.S. Kotwali Vikas Nagar with the allegations that on 19 -3 -2009 he and his wife had gone out to their work and their daughter, i.e. prosecutrix aged 13 years was alone at their home. Accused Atiq and Raja entered their house and committed rape upon his daughter. The children of the complainant had also reached his house after attending their school and both the culprits fled away from the spot after extending threats to the prosecutrix. Both the culprits were seen fleeing away from the spot by Ashok Kumar and Kalu Ram and on his return to home his daughter narrated the whole incident to him. On the basis of written report Ext. Ka. 3, Chick F.I.R. Ext. Ka. 10 was prepared and a case crime No. 82/2009 u/ss. 452/376/506 I.P.C. was registered against both the accused persons in the G.D. No. 14 dated 21.3.2009 at 10.30 am, copy of G.D. is Ext. Ka. 11. The investigating officer visited the place of occurrence and prepared site plan Ext. Ka. 12. The I.O. arrested the accused Atiq on 27.3.2009 and prepared arrest memos Ext. Ka. 13 and Ka. 14. The another accused Raja @ Rajendra was also arrested on the same day and arrest memos Ext. Ka. 15 and Ka. 16 were prepared. The prosecutrix was medically examined by the doctor on 21.3.2009 and prepared medical report Ext. Ka. 4 and also prepared supplementary report dated 24.3.2009, Ext. Ka. 5. The statement of prosecutrix was also recorded the by Judicial Magistrate Vikas Nagar u/s. 164 Cr.P.C. which is Ext.Ka. 1 on record. The investigating officer are completion of investigation, submitted charge sheet Ext. Ka. 19 against the accused persons. The Judicial Magistrate concerned committed the case to the court of sessions for trial.
(3.) THE Sessions Court framed charges u/ss. 452/376(2)(g) I.P.C. against the accused persons, who pleaded not guilty and claimed to be tried.;
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