Appreciation of evidence when obscene mobile clip of Girl is circulated in locality
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Appeal No. 286 of 2011
Raju Thapa S/o Late Sri Bahadur Singh Thapa
- Appellant
Versus
State of Uttarakhand
Citation;2014 CRLJ 324 uttarkhand
Hon’ble B.S. Verma, J.
This criminal appeal U/S 374 of Cr.P.C. is directed against the
judgment and order dated 22-9-2001, passed by District and Sessions
Judge Bageshwar District Bageshwar in Sessions Trial No. 4 of 2011,
State Vs. Raju Thapa, convicting the accused Raju Thapa U/S 376
I.P.C. and Section 67-A of The Information Technology Act, 2000
and sentencing him to undergo R.I. for ten years and to pay a fine of
Rs. 10,000/- U/s 376 I.P.C. and in default of payment of fine to further
undergo six months R.I. and further sentencing him to undergo R.I.
for two years U/S 67-A of The Information Technology Act and a fine
of Rs. 10,000/- and in default of payment of fine to further undergo
six months R.I. However, it is directed that the sentences shall run
concurrently.
The prosecution story in brief is that
on 15-12-2010,
complainant Dalip Singh Khetwal lodged written report at P.S.
Kotwali Bageshwar to the effect that his niece the prosecutrix aged
14 years who is studying in class 10th in Inter College Tuped, two
years ago Raju Thapa a teacher of Gairad Bilkhet School had forcibly
committed rape on her after given her threats and also prepared a
obscene mobile clip after giving her threats to fail her in the class and
due to the threats she could not tell the occurrence to any one. On 14-
12-2010, when a Nepali customer came to the shop of Darshan
Khetwal, owner of Kumaun Photo Studio, in order to load picture-
songs in his mobile, then it came to light that there was an obscene
video-recording of Km. Reeta, who is his Bua in relation. At this
Darshan informed the informant and he came to the Photo Studio and
