SHAMSHER BAHADUR Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted and sentenced to undergo R.I. for 10 years u/S. 376, IPC, per judgment and order dated 13-1-1999 passed by the then Sessions Judge, Pithoragarh in Sessions Trial No. 28/1997, for having committed rape on Km. Rekha, a minor girl at about 6.20 a.m. on 29-4-1997 in the vicinity of village Kawadi of P.S. Jhulaghat, District Pithoragarh.

(2.) Briefly stated the prosecution case is that on 29-4-1997 at about 6.20 a.m. prosecutrix Km. Rekha aged about 12 years a student of Class 6th was going to her School in Jhulaghaat and at that time she was accompanied by her mother Smt. Harna Devi who went to collect hay and grass for she-goat. They had left their house in village Birkham. At a distance of about one kilometer from the village Smt. Harna Devi stopped for collecting grass whereas her daughter Km. Rekha left her company for her School. Soon after Smt. Harna Devi heard shriek of her daughter and when she rushed towards her she found accused Shamsher Bahadur committing rape on Km. Rekha. Accused was holding a stone in his hand to put the prosecutrix to a threat of hurt. Smt. Harna Devi raised an alarm where upon the accused ran away from there. Km. Rekha was crying with pain and she narrated the incident to her mother. The information was given to girl's father Nain Singh who was on his duty. On his return he lodged the first information report next day on 30-4-1997 at 19.20 hrs.

(3.) On registration of the case investigation was taken up by S.I. J.P. Bansla who recorded the statements of the witnesses. He seized the clothes of the prosecutrix vide memo, Ex. Ka. I and prepared the site-plan of the place of the occurrence, Ex. Ka. 8. The accused was arrested on 1-5-1997 and his under-wear was seized vide memo, Ex. Ka. 9. On completion of the investigation charge-sheet, Ex. Ka.10 was submitted against the accused u/S. 376, IPC.