BALI RAM S/O MAKARAND SINGH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
Bali Ram S/O Makarand Singh
STATE OF UTTARANCHAL
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(1.) This Criminal Appeal, U/S 374 of the Criminal Procedure Code (in short 'Cr.P.C.'), is directed against the judgment and order dated 22.2.2007, passed by District and Sessions Judge, Rudraprayag, in Sessions Trial No. 10/2006, State Versus Bali Ram and others, whereby the accused/appellants have been convicted U/S 376(2) (g) of the I.P.C. and each of them have been sentenced to undergo R.I. for ten years and each of them were directed to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo R.I. one month. It was also directed that the accused persons are in jail since 10-2-2006, therefore, the period of already undergone in the prison shall be adjusted from the period of sentence imposed against them.
(2.) The prosecution case, in brief, is that on 9-2-2006, complainant Budhi Lal Arya, handed over written report Ext. Ka.1 at Patwari Chauki Bhatwari Sunar, Tehsil Ukhimath District Rudraprayag, mentioning therein that he is posted Assistant Teacher in Government Inter College Chandranagar. His daughter Km. Geeta was also studying with him. On 8-2-2006, he along with his daughter Km. Geeta came to his village Jaikhanda. At about 6.00 p.m. Km. Geeta went outside for natural call and when she did not return in time, the complainant made search for her, but her whereabouts were not known. It is further mentioned in the written report that some labourers belonging to State of Bihar were working at Kumaunsera Toke where the construction work of bridge of Kyunja Gadhera was going on. The daughter Km. Geeta was caught hold by the labourers at their dwelling camp. The girl Km. Geeta told that these labourers kept her in their dwelling camp and misbehaved with her and threatened her if she disclose the incident to any one, they would kill her. Thereafter, next day one of the labourers Bali Ram along with the girl came upto canal, till then village people had arrived there and then the girl in the presence of her uncle Bhuuraj Lal, Pappu and Madan Lal had told that these four labourers had committed rape upon her by rotation.
(3.) On the basis of written report, the Patwari concerned prepared chick F.I.R. Ext. Ka.5 and registered case crime No.1/2006, U/Ss 376, 506 I.P.C. against the accused persons, the copy of G.D. of registration of the case is proved as Ext. Ka.6. The Investigating Officer visited the place of occurrence and prepared site-plan Ext. Ka.7 on the pointing out of the prosecutrix. He recorded the statement of Km. Geeta and arrested the accused persons and prepared arrest memos Ext. Ka. 8 to Ka.11. The prosecutrix was sent for medical examination, who was medically examined by Dr. B. Pal, L.M.O. Base Hospital Srinagar Garhwal and prepared medical certificate Ext. Ka.3. The I.O. obtained date of birth certificate of the prosecutrix from the College and copy of pariwar register Ext. Ka.12 and also recorded the statements of the witnesses and after completing the investigation submitted charge sheet Ext. Ka.13 against the accused.;
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