SARJU Vs. SATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Jail Appeal, has been preferred against the judgment and order dated 16-3-2009, passed by Sessions Judge, Dehradun, in Sessions Trial No. 88 of 2008, State Vs. Sarju, whereby the accused/appellant Sarju was convicted U/S 376 (2) (f) of the I.P.C. and was sentenced to undergo 10 years R.I. and imposed a fine of Rs. 5000/- and in default of payment of fine to further undergo six months R.I.

(2.) The prosecution case, in brief, is that on 19-5-2008, complainant Amit Thapa S/o Bheem Bahadur, handed over a written report at P.S. Rishikesh to this effect that accused Sarju is residing in his house as a tenant from two months, whose wife had died about two years back and he has a son and a daughter (aged seven ) year. Accused Sarju often comes his house in drunken condition and used to beat his daughter and according to his daughter, the accused does misdeed with her. It was also mentioned in the written report that on 18-5-2008 at about 2 am in the night accused Sarju was doing marpit with his daughter and when the complainant asked the daughter of the accused, she told him that the accused does misdeed with her and she does not want to sleep with him.

(3.) On the basis of written report Ext. Ka.1, chick F.R.I. Ext. Ka.6 was prepared and case crime No. 189/2008, U/Ss 376/323 I.P.C. was registered against the accused, the carbon copy of G.D. of registration of the case is Ext. Ka. 7.