ASHOK SINGH KANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a horrible case where the victim, who is merely a child of 9 years of age, has been traumatized at the hands of appellant who raped and sodomized the victim, who is none other than his real niece.

(2.) Appellant-Ashok Singh Kandari has preferred this appeal from jail through the Secretary High Court Legal Service Committee assailing the judgment and order dtd. 12/3/2015 passed by the Trial Court in S.T. No.50 of 2014, State v. Ashok Singh Kandari, whereby the Trial Court convicted and sentenced him as under:-

(3.) Briefly stated, facts of the case are that on 30/4/2014, informant (PW5) lodged a First Information Report (Ex.Ka-8) with Police Station Lalkaun, District Nainital, in which it is alleged that "on 27/4/2014 at 2:30 P.M., accused Ashok Singh Kandari, who is her real brother, came to her house. She was working out of her house and when she returned to her house, she saw that her brother accused Ashok Singh Kandari was doing wrongful act with her daughter victim (PW-1) aged about 11 years. Accused was laid down upon her daughter (PW-1). She pushed the accused, then accused ran away by pushing her. Victim told her that her maternal uncle (accused) had been committed wrongful act with her for many days and threatened her not to tell about the incident to anyone, in case she would tell about the incident to anyone, he will kill her. The behavior of her daughter has been changed and her daughter seems fearful. Accused raped her daughter (PW-1) and he also sexually assaulted to her daughter for many days. Her husband is driving taxi, he returned to house from his work in the evening of 30/4/2014, then after consultation with him she approached police station and prayed to lodge her report."