BIRENDRA SINGH @ BEERU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard .

(2.) The present appeal arises out of the judgment and order dated 28.06.2001 passed by the then Sessions Judge, Pauri Garhwal in Sessions Trial No.5/1996, whereby the appellant i.e. Birendra Singh @ Beeru was convicted under Section 377/511 I.P.C. and sentenced to undergo rigorous imprisonment for six months and a fine of Rs.1,000/-. In default of payment of fine, the appellant has to further undergo rigorous imprisonment for three months. However, the appellant was acquitted from the charges punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Brief facts of the prosecution case are that an F.I.R. was lodged on 20.06.1996 at 7:25PM at police station Srinagar, Pauri Garhwal by one Smt. Shankuntala, the mother of the prosecutrix alleging that on 20.06.1996 at about 6:30PM his son, who was walking on the roadside, was called by the appellant and took him to a fair price shop. Then, the appellant took him to the first floor of the shop and closed his mouth with the palm of his hands. Then, he stripped him of his trousers and sodomised him. When the victim somehow raised an alarm, the accused ran away after placing in his hands a currency note of Rs.50/-. The victim ran to his house and informed his mother about the incident. His mother went to the shop of appellant and confronted him regarding what he had done with her son. Thereafter, the mother of the prosecutrix lodged the report with the police.