RAM KUMAR @ RAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred u/s 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 08.06.2011 rendered by learned Sessions Judge, Pauri Garhwal in S.T. No.41 of 2010, State Vs. Ram Kumar @ Raj Kumar, whereby the appellant has been convicted u/s 376 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.5,000/-, in default of which, one year's additional simple imprisonment was awarded. He was further convicted u/s 354 IPC and sentenced to undergo one year's R.I. with fine of Rs.1,000/-, in default of which two months' additional simple imprisonment was awarded. Appellant/accused was further convicted u/s 506 IPC and sentenced to undergo one year's R.I. with fine of Rs.1,000/-, in default of which, two months' additional simple imprisonment was awarded. All the sentences, except the sentences in lieu of fine, were directed to run concurrently.

(2.) Facts of the case are that Km. Kiran and Km. Yamini, students of Class VII and Class V respectively, gave a written report (Ex.A-1) to the S.O. P.S. Chowki Banekhal, with the averments that their father was misbehaving with them and also threatening not to inform about the same to anyone otherwise they would be killed. It was further stated that their mother and sister were also expelled by their father and then, he was tormenting them. On the basis of this information, a report was lodged at Patti Patwari Maniyasyun, Pauri on 3.5.2010 at 5 PM for the offences punishable u/s 354, 506, 323 and 511 IPC. PW5 Dr. Vandana Sundariyal medically examined the victims on 5.5.2010 and prepared joint medical report Ex.A-7. PW4 Dr. D.K. Jain, Radiologist also given his report as regards the age of victims which are Ex.A-6 in respect of Ms. Kiran and Ex.A-5 in respect of Ms. Yamini. Thereafter, the statements of the victims, namely, Ms. Kiran and Ms. Yamini were recorded by the Judicial Magistrate (First) Pauri under Section 164 Cr.P.C. on 11.5.2010, which are Ex.A-2 and A-3 respectively. Pathology report dated 13.5.2010 in respect of Ms. Kiran is Ex.A-4. The Investigating Officer also prepared the site plan of the place of occurrence, which is Ex.A-10. On completion of investigation, a chargesheet Ex.A-12 was submitted by the Investigating Officer against the appellant for the offences punishable u/s 376, 354, 323 and 506 of I.P.C.

(3.) The matter was thereafter committed to the court of Sessions and on 30.7.2010, learned Sessions Judge, Pauri Garhwal framed charges against the accused for the offences punishable u/s 376, 376/511 and 506 I.P.C. The appellant abjured his guilt and claimed trial.