ANIL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal filed by the accused/appellant arises out of a judgment and order dated 01.12.2010 passed by the learned Sessions Judge, Chamoli in Sessions Trial No. 14 of 2009 whereby the accused/appellant has been convicted under Section 376 of I.P.C. and sentenced for five years of rigorous imprisonment. The appellant before this Court, at the time of the alleged incident i.e. 14.08.2008 was about 25 years of age and the victim i.e. prosecutrix was 65 years of age. As per the First Information Report dated 15.08.2008, which was lodged by the prosecutrix - Smt. Ganeshi Devi before the Sub-Divisional Magistrate, Karanprayag, District Chamoli against the accused - Anil Singh, it is stated that on 14.08.2008, when the prosecutrix was coming back from "Nauti" Village, she met the accused- Anil Singh S/o. Prem Singh, who belong to the same village, offered her lift in his car as they were going to the same village. When they reached Village "Koli" the accused parked his car inside his garage and raped her in the car itself. After the incident, she was not in a proper state of mind or body, yet she somehow reached her house and thereafter fell unconscious. There was no one in the house to take care of her. Next morning i.e. 15.08.2010, when other villagers came to know about the incident, they informed her daughter over telephone about the incident and the condition of her mother. Her daughter was staying in another village. She came to the village along with the Ambulance No. 108 (medical aid vehicle) and thereafter she took the prosecutrix to the Government Hospital where she is presently undergoing treatment. When she regained her health, she narrated the entire incident to her relatives.

(2.) On the basis of the First Information Report the investigation of the case commenced. The accused was arrested on 16.08.2008. Thereafter, the Sub-Divisional Magistrate ordered the Nayab Tehsildar, Karanprayag to investigate the matter and the Nayab Tehsildar after completing the investigation filed the chargesheet under Section 376 of I.P.C. against the accused/appellant. At this juncture, it is necessary to state that the matter pertains to hill areas in Uttarakhand where the revenue officials have been authorized police powers.

(3.) After submission of chargesheet, learned Magistrate committed the case to the Court of Session for trial and the learned Sessions Judge, after hearing the parties, framed the charge against the accused under Section 376 of I.P.C.