DEVI PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Present appeal is directed against judgment and order dated 05.02.2003 passed by Sessions Judge, Chamoli, in Sessions Trial No. 40 of 1997 whereby appellant was held guilty for the offence punishable under Section 376 (1) IPC and sentenced to undergo 7 years rigorous imprisonment and to pay fine of Rs. 50,000/- and in default of making payment of fine to undergo additional imprisonment of 3 years with further stipulation that out of Rs. 50,000/-, Rs. 45,000/- will be paid to the prosecutrix, as compensation.

(2.) Brief facts of the present case, inter alia, are that prosecutrix, at the relevant time, was posted as ANM at Primary Sub Health Centre, Dharkot; on 09.09.1992 prosecutrix went to Primary Health Centre, Narayan Bagar in relation to some official duty and came back to Primary Health Sub Centre, Dharkot, at about 07.30 p.m.; appellant came to the prosecutrix and disclosed his name as Rajendra, resident of village Khandura and requested the prosecutrix, since his wife was having labour pain, therefore, prosecutrix must accompany him; it was further told by the appellant that one midwife namely Gayatri Devi was already attending his wife, however, prosecutrix must help her; believing him, prosecutrix proceeded with him; however, on the way, appellant caught her from behind and taken her to Gaushala and raped her; having been raped prosecutrix became unconscious and lost her mental balance; prosecutrix remained unconscious for two days and thereafter, reported the incident to the Incharge Medical Officer, Narayan Bagar on 11.09.1992; Incharge, Medical Officer advised her to report the matter to SDM; therefore, matter was reported to the SDM; under the order of SDM, FIR was got registered on 14.09.1992; Prosecutrix was medically examined on 11.09.1992 by PW3 Dr. Vinod Kumar; Investigation was handed over to PW4 Maheshanand; Having investigated the matter, PW4 submitted a charge-sheet against the appellant for the offences punishable under Section 323, 376 IPC.

(3.) Learned trial court framed the charges against the appellant under Section 376(1), 323 IPC. However, appellant denied the charges and claimed trial.