MITTHU LAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 20th December 2003, passed by learned Sessions Judge/Special Judge Pithoragarh, in Sessions Trial No. 51 of 1999 State Vs. Mitthu Lal, whereby the accused-appellant Mitthu Lal has been convicted under Section 376/511 of the Indian Penal Code (hereinafter referred to as I.P.C.) and has been sentenced to undergo five years' rigorous imprisonment and a fine of Rs. 2,000/- for the offence under Section 376/511 of the I.P.C. In default of payment of fine, the accused-appellant has been ordered to further undergo six months' R.I.

(2.) Heard learned Amicus Curiae for the appellants and learned Assistant G.A. for the State and have perused the record.

(3.) The prosecution story as unfolded from the record is that on 28-9-1988, complainant Mundelal (PW 1) lodged a written report (Ext. Ka-1) with the Police Station Dharchula alleging therein that on 28-9-1988 in the evening at about 6-45 p.m., his daughter came out weeping from the room of accused Mitthu Lal and when she was taken to the room of the complainant, he found that her underwear was wet with some liquid element and he suspected that rape had been committed with his daughter. On the basis of this written report a Check F.I.R. (Ext.Ka-2) was prepared by the Inspector Incharge of P.S.Dharchula and the case was registered against the accused Mitthu Lal as Crime No. 44/88 under Section 376 of the I.P.C. at 10-15 p.m. on the same day and an entry to this effect was made in the General Diary as report no. 21 at 2215 hours (Ext. Ka-3). The investigation of the case was taken up by S.I.Shiv Singh Gusain of P.S. Dharchula.