PAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 31.7.2006, rendered by the Special Judge, Uttarkashi in Special Sessions Trial No. 7/2005, State v. Pal Singh. In the said trial, the Appellant Pal Singh was found guilty under Section 376(2)(f) Indian Penal Code and was sentenced to undergo 10 years' rigorous imprisonment as well as fine of rupees five thousand. In default of payment of fine, he was further directed to undergo one and half year's simple imprisonment.

(2.) AS per the prosecution story, the FIR was lodged by Suraj Lal, the father of the prosecutrix Km. Pinky with the averments that her daughter Km. Pinky was returning from her school on 21.9.2005 at 4 pm. While she was on her way to home, accused Pal Singh caught hold of her and forcibly took her towards a deserted place. 4 -5 other children, who were accompanying Km. Pinky, became frightened. So, they quietly came to their house and did not raise alarm at the spot. His daughter Km. Pinky returned to her house. When she was lying in the house in a semi unconscious state, his wife awakened her. Then Km. Pinky started weeping. On being asked, she narrated the entire incident what had happened with her. She disclosed that while returning from the school to her home, she was forcibly driven by a blackish man, who abused her all the way. He drove her inside a bush and committed sexual intercourse with her against her wishes. This act of the accused caused pain in her genitals and the blood started oozing out from her private parts. Anyhow, she reached to her house. When Suraj Lal reached to the house at about 8 pm, his daughter Km. Pinky was still weeping. On being asked by Suraj Lal from his wife, the latter explained everything to him. The uncle of Suraj Lal also saw Km. Pinky coming out from the bush at about 4.20 pm on that day, and that time she was weeping. He also witnessed the accused Pal Singh escaping from the spot. This FIR was lodged by Suraj Lal at Police Station on 21.9.2005 at 11 pm. The girl was taken to the hospital. Next day on 22.9.2005, at about 11 am, she was medically examined. After investigation, the police submitted the chargesheet against the accused Pal Singh for the offence of Section 376(2)(f) Indian Penal Code as well as Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) I have heard the learned Counsel for the accused and learned Counsel for the State.