PYARU ALIAS PYARE LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) One Sangradu s/o Raju of Village Bhatt Gaon in District Tehri Garhwal, addressed a complaint to Patwari, Bhatt Gaon, Tehsil Ghansali on 14.09.2005, alleging therein that on 13.09.2005, when Reshma aged 14 years d/o Pyaru was sleeping in the night, her mother was at her parental home and her younger brother and sister were sleeping, then her father Pyaru (accused) took her to a field and committed rape with her. Accused told the victim not to disclose the incident to anyone. While coming back from the field, victim slept in her sister's house during night.

(2.) Chik FIR was lodged in Police Station, Bhatt Gaon, Ghansali, District Tehri Garhwal, on 14.09.2005, at 2:00 p.m. The distance between the place of occurrence and police station concerned was 1 1/2 Kms. Considering the fact that the rape was committed by her own father and someone else initiated the criminal law into motion, there appears to be no delay in lodging FIR.

(3.) Investigation began on the said FIR. Victim was medically examined by the Medical Officer, Narendra Nagar on 15.09.2005. Pathological and radiological examination of victim was done on 16.09.2005. Shirt (kurta) and trousers (paijama) of victim was taken, recovery memo whereof was prepared and bathroom slipper of victim was taken by the police from the place of incident. Statements of the witnesses were taken, site plan was prepared and after completing investigation, a charge sheet for the offence punishable under Section 376 IPC was submitted against the accused.