INDRA MANI THAPLIYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This is a jail appeal preferred by the accused appellant assailing the judgment and order dated 22.01.2008 passed by 2nd Additional Sessions Judge, Dehradun, in Sessions Trial No. 154 of 2006 whereby appellant was convicted for an offence punishable under Section 376 IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 20,000/-, failing which to undergo six months' additional imprisonment for the offence punishable under Section 376 IPC.

(2.) Brief facts of the present case, inter alia, are that PW2 Aarti (prosecutrix) is the real daughter of accused appellant. PW2 prosecutrix lodged an FIR against her own father on 06.06.2006 with police station Patel Nagar, Dehradun stating therein that appellant has five children including the prosecutrix; in the month of February, 2005 appellant came in her bed and committed rape upon her; however, she did not disclose same to her mother out of fear and kept on bearing the misdeeds of her father continuously; on 09.05.2006, when her mother went out to purchase milk from market, appellant came and caught her hand; she immediately rushed outside the house and narrated the entire incident to her mother; she had 7 months' pregnancy in her womb from her father; appellant took her to Doon Hospital on 05.06.2006 for treatment wherefrom she was discharged only today and she has come to lodge this report. Report was countersigned by PW2 as well as by her mother PW1.

(3.) Having investigated the matter, police filed a charge-sheet against the appellant for an offence punishable under Section 376 IPC. From the side of prosecution, PW1 mother of prosecutrix, PW2 prosecutrix, PW3 Dr. Deepali Foniya, PW4 Dr. Guman Singh, PW5 Constable Devendra Singh, PW6 SI K.S. Garbiyal, PW7 Ganesh Prasad Bauthiyal were examined. Appellant got himself examined as defence witness.