PUSHKAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this criminal appeal is to the judgment and order dated 14.10.1999, passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 9/1995, State v. Pushkar Singh, whereby the accused appellant Pushkar Singh has been convicted under Section 376 IPC and has been sentenced to undergo rigorous imprisonment for five years.

(2.) The incident took place on 11.8.1994 at noon time, when Km. Ganga (prosecutrix) had taken the cows in the jungle for grazing. Finding her in solitude, accused appellant Pushkar Singh caught hold of her and committed rape on her. Hearing the screams of Km. Ganga, one Balwant Singh, Puran Singh (CW1) and Dinesh Singh, who were present in the vicinity, rushed to the spot. Seeing these persons coming, accused appellant took to his heels. While escaping from the spot, the accused appellant also threatened Km. Ganga not to disclose the incident to anyone, otherwise her brother would be killed. It was also stated in the FIR that accused appellant was also armed with knife at the time of incident. After the incident, Km. Ganga returned to her house and narrated the entire incident to her mother Smt. Devki Devi (PW2), who immediately went to meet her brother Bhupal Singh (PW3) in the nearby village for help. Bhupal Singh reported the matter to the Gram Pradhan, but he did not do anything and asked him to take recourse to law.

(3.) PW3 Bhupal Singh rushed to the Patwari (Laxman Nath, PW6) of the local circle, where he reported the matter. The FIR was lodged with the Patwari on 13.8.1994 (in rural hilly areas of the State of Uttarakhand, Patwaris have been given the powers of police). After lodging the report, Patwari sent Km. Ganga to District Government Hospital, Pithoragarh for medical examination, where she was medically examined on 15.8.1994 by Dr. Usha Upreti (PW5), who prepared the medical report, wherein it has been reported as under: