DAVID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant against the judgment and order dated 15.04.2013 passed by learned Fifth Additional Sessions Judge, Haridwar in Session Trial No. 163 of 2012, whereby the appellant has been convicted under Section 376(2)(f) and Section 506(2) of IPC and has been sentenced to undergo rigorous life imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 376(2)(f) of IPC, and to undergo two years of rigorous imprisonment with a fine of Rs.500/- (Rupees Five Hundred only) under Section 506(2) of IPC, with default stipulations. All the sentences were directed to run concurrently.

(2.) The incident is of 29.02.2012 i.e. prior to the amendment brought in the Indian Penal Code. The First Information Report was lodged by Nanhe Lal, father of the victim, on 01.03.2012 at 11:00 A.M. at P.S. Kotwali City, Haridwar. The FIR states that the informant is a permanent resident of Village Tahatajpur, P.S. Vithri Chainpur, District Bareilly and presently resides with his family in the rented house of one Shiv Kumar Azad at Brahmpuri, Haridwar. Yesterday i.e. on 29.02.2012 in the night his daughter started crying and then she confessed to her mother that she has an extreme pain in her vagina. She then said that in the night at 10:00 P.M., when she had gone to bathroom, she was caught and raped by David S/o Vishnudas (the present accused/appellant). David runs a tea shop near "Alaknanda Ghat" and like them is also a tenant of the same landlord. This incident was disclosed by the victim to the mother at 2 O' clock in the night, of which he was informed in the morning, and thereafter they promptly lodged the first information report at Police Station Kotwali City, Haridwar on 01.03.2012 at 11:00 A.M. It was also disclosed by the complainant that the age of her daughter is 11 to 12 years.

(3.) Immediately thereafter the girl was sent for medical examination. The medical report dated 01.03.2012 reads as under:-