DHAN SINGH GUNSOLA @ DHANNI GUNSOLA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-5-32
HIGH COURT OF UTTARAKHAND
Decided on May 07,2013

Dhan Singh Gunsola @ Dhanni Gunsola Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) SINCE the above -captioned appeals have been preferred by the same accused convict against the same judgment and order of conviction, these are being decided by this common judgment. A First Information Report was lodged by Soban Lal on 26.2.2012 at 11.30 hours alleging an incident of 10.2.2012. It was alleged by the complainant that on 10.2.2012, at 6.30 O'clock in the evening, when her daughter Km. Reshma was going to the house of her uncle for charging the cell phone, accused appellant forcibly took her minor daughter in a ruined house, belonging to Ramesh Lal, Gopal Lal, etc., situated at some distance from his house, and forcibly committed rape on her at that place. The complainant further averred in the report that he, being a labourer, had gone outside for the work. When he returned in the village, his wife Smt. Shakuntala Devi informed him about the incident.
(2.) AFTER the investigation, police submitted chargesheet stating that on the basis of evidence, collected during the course of investigation, offences under Section 376 IPC and one under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, hereinafter referred to as the 'Act') are well proved against the accused appellant. On denial of charges by the accused, trial commenced and, vide the impugned judgment and order, the same ended into conviction of the accused appellant under the aforesaid offences. He was accordingly sentenced to. We have given our thoughtful consideration to the submission of learned Counsel for the parties, and also perused the evidence available on record.
(3.) PROSECUTION got examined as many as seven witnesses. PW1 is Km. Reshma, the prosecutrix, PW2 is Sohan Lal alias Soban Lal, the complainant and father of the girl, PW3 is Smt. Shakuntala Devi, mother of the prosecutrix, PW4 is Dr. Satwant Kumar, who medically examined Km. Reshma, PW5 is Shyam Lal, scribe of the report, PW6 is Gundar Lal, real brother of the complainant, and PW7 is Ramesh Chandra Joshi, Investigation Officer of the case.;


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