LAXMAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of learned Sessions Judge, Champawat dated 12/17.02.2009 rendered in S.T. No.26 of 2007, State Vs. Laxman Singh. In the said trial, appellant/accused Laxman Singh was found guilty for the offence of Section 376 (2)(g) r/w Section 342 IPC. For the offence of Section 376(2)(g), he was sentenced to undergo ten years' R.I. with fine of Rs.25,000/- and in default of payment of fine, he was further directed to undergo two years' additional R.I. For the offence of Section 342 IPC, appellant/accused was directed to undergo one year's R.I. with fine of Rs.1,000/- and in default of payment of fine, one month's further imprisonment was awarded. Both the sentences had to run concurrently. It was also directed that out of the fine, so deposited by the appellant, Rs.20,000/- shall be paid to the prosecutrix Km. Bhanumati.

(2.) The incident of this alleged rape relates back to dated 2/3.7.2007 when Km. Bhanumati aged about 17-18 years was returning after participation in a marriage ceremony which was being solemnized in the village itself. She was overpowered by the appellant/accused Laxman Singh along with co-accused Mahendra Singh while on way to her home which was passing through a forest. She was raped by duo at about 8:30 PM and they permitted her to return to house in the morning of the next day, i.e. on 3.7.2007 and then she disclosed the entire happenings with her. The report could be lodged on 4.7.2007 at 2:30 PM. The girl was sent for medical examination by the police on the same day and at 4 PM she was medically examined by Dr. Smt. Sushila Shah at Community Health Center, Lohaghat, Champawat. The following injuries were found on her body: -

(3.) The above-said medical report is Ex.Ka-6. The accused persons were arrested on the next day and their under-wears as well as the breeches of the prosecutrix were taken into possession by the Investigating Officer and sent for the chemical examination. The Forensic Science Laboratory Report Ex.Ka-14 reveals that semen was detected in all the clothes which were taken in possession by the I.O. as above.