PADAM SINGH CHAINSAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 22.02.2007, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 22 of 2006, whereby said court has convicted accused / Appellant Padam Singh Chainsar under Section 363, 366, 376 of the Indian Penal Code, 1860 (for short I.P.C.), and one punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The convict has been sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of 2,000/- under Section 363 of I.P.C., rigorous imprisonment for a period of seven years and directed to pay fine of 2,000/- under Section 366 of I.P.C., rigorous imprisonment for a period of ten years and directed to pay fine of ,000/- (under Section 376 of I.P.C.), and rigorous imprisonment for a period of two years and directed to pay fine of 1,000/- under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that complainant Jayanti Garbyal (P.W. 2) gave first information report (Ext. A -1) at police station Jauljibi, on 10th of May 2006, at about 08:45 P.M., stating that her daughter Km. Nidhi, aged seven years, was playing with Pramila (P.W. 3) near her house. Accused / Appellant Padam Singh Chainsar, resident of Village Gunia Gaon, came there and by promising both of them to give sweets took them with him in an isolated place, and committed rape on Km. Nidhi after unclothing her. The little girl came to her house and told that how accused / Appellant Padam Singh has committed rape on her. She was bleeding from her private parts. On the basis of said report, Crime No. 79 of 2006 was registered, relating to offences punishable under Section 363, 366, 376 of I.P.C. and one punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Investigation was taken up by Circle Officer D.S. Negi, and thereafter by P.W. 9 Dy. Superintendent of Police B.R. Arya. The girl was medically examined by Dr. Monika Kharkwal (P.W. 6), who found hymen of the victim torn, redness around the vaginal orifice, heavy bleeding with lacerations in vaginal orifice. P.W. 7 Dr. Vipin Chandra Tripathi gave X-ray report and opined that the victim was 8-9 years old. After interrogating the witnesses and inspecting the place of incident, the Investigating Officer submitted charge sheet (Ext. A -10) against accused / Appellant Padam Singh Chainsar for his trial in respect of offences punishable under Section 363, 366, 376 of I.P.C., and one punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.