KHUSHPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 13.04.2010, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 25 of 2008, whereby said court has convicted accused/appellant Khushpal Singh under section 307, 376 and 506 IPC. The accused/ appellant Khushpal Singh has been sentenced to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 50,000/- under section 307 IPC, rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/- under section 376 IPC, and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 500/- under section 506 IPC.

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

(3.) Prosecution story, in brief, is that P.W.4 Km. Pramila Singh moved an application under section 156 (3) Cr.P.C., before the Chief Judicial Magistrate, Uttarkashi, requesting for investigation in respect of the incident, alleged in the application. It is alleged in the application that on 04.02.2008, she (Pramila Singh) was attending the marriage ceremony in the house of one Ramraj Singh in her village. It is further alleged by her that accused Khushpal Singh at about 11:00 p.m., called her, and asked her as to where was she till then. Thereafter the accused/appellant Khushpal Singh enticed the girl and took in another house, and told her that he wanted to marry her. It is further alleged by the aforesaid girl that thereafter accused Khushpal Singh committed rape on her. She further stated that the accused threatened her of dire consequences if the incident was disclosed to anyone.