IMPORTANT POINT
The court upheld the conviction under Section 307 IPC for attempt to murder, emphasizing the need for proportional sentencing based on the gravity of the offense and the evidence presented.

JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

The appellant has come up in the appeal against the judgment 27.09.2024, passed by the learned Sessions Judge, Udham Singh Nagar, whereby appellant has been convicted under section 307 of IPC, and sentenced to life imprisonment and the fine of Rs.20,000/- has been imposed. The appellant has been acquitted of the charges under sections 376/511, 504 and 506 of IPC.

2. The case of the prosecution is that on 07.05.2013, at about 4:30 AM, Rakhi daughter of the complainant went to the toilet on the roof of her house for defecation, whereby the accused Ram Kishore S/o Roop Singh, who was already lying in ambush there, who lives in her neighbourhood, caught hold of her daughter Ms. Rakhi, with evil intentions and tried to forcibly rape her. When his daughter protested, Ram Kishore, with the intentions of killing her, stabbed his daughter several times with the knife, due to which his daughter throat was badly cut. On hearing the noise, his family members and many people from around came, Ram Kishore ran away from the spot. This was seen by the complainant Sri Mahendra Singh, father of Ms. Rakhi, and his wife and elder daughter Mrs. Pinki and her husband Sri Pushpendra Raghav. Sri Mahendra Singh, complainant, had made a complaint at Police Station Kichha, on 07.05.2013.

3. After due investigation, charge-sheet were framed against accused Ram Kishore, Rambhorse, Man Singh and Rama Devi under sections 376/511, 307, 504 and 506 of IPC. The allegations against Rambhorse, brother of Ram Kishore, Man Singh and Rama Devi, was that they also abused the family members of Ms. Rakhi, and were beating them with sticks when they left the place, they went there threatening the family of the complainant not to take legal action against Ram Kishore, and if any legal action is taken, they will kill them along with entire family. On 19.08.2013, the file of the accused Rambhorse, Man Singh and Rama Devi was separated by the learned Judicial Magistrate, Rudrapur and the case of accused Ram Kishore was committed to the court of Sessions Court for trial. Charges under sections 376/511, 307, 504 and 506 of IPC were framed against accused Ram Kishore, and the accused denied all the allegations and demanded trial.

4. PW-1 Ms. Rakhi, victim, PW-2 Mahendra Singh, PW-3 Raju Koli, PW-4 Pinky, PW-5 Pushpendra Raghav, PW-6 SI Avnish Kumar, PW-7 Dr. Vaibhav Kuchhal and PW-8 HC Rajiv Kumar for oral evidence in support of their statements on behalf of the prosecution have been presented.

5. In the form of documentary evidence, the prosecution report Exhibit A-1, map view Exhibit A-2, one knife recovered from Fard, Exhibit A-3, police bloodstain taken from Fard and pieces of plain cement Exhibit A-4. Fard capture police took Khoonaluda kurta Exhibit A-5, charge sheet Exhibit A-6, supplementary medical report Exhibit A-7, chick FIR Exhibit A-4 and copy of GD Exhibit A-1 were presented and proved and object exhibits- 1 Knife, seal cloth exhibit-2, kurta object exhibit-3 and cloth bundle exhibit-4 were presented and proved.

6. The statement of the accused was recorded under section 313 of CrPc, and he denied the allegation of the prosecution. However, did not lead any other evidence in his defence. The trial court examined the statement made by PW 1 Ms. Rakhi, victim, who admitted in her main examination that she could not identify the attacker and when she saw the accused, she said he was not the boy who had committed the crime with her. However, the Court proceeded to examine the statement, keeping in view, that it was the victim who had given the statement, but the lower court examine the statement of the PW 1 Ms. Rakhi, and held that it was not possible that 4:30 AM in the morning any person could come to the toilet built on the roof of the house, unless he is called. However, this witness in the cross-examination admitted that when the police had taken up her statement regarding the incident she has told them that she has recognized the