VINAYAK BIHARI ALIAS VINAYAK SHARMA Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out against the judgment and order dated 9-10-2003 passed by Special Sessions Judge, Bageshwar in S. T. Suit No. 29 of 2001 State v. Vinayak Bihari alias Vinayak Sharma and others convicting the appellant under Section 376, I. P.C. and sentencing him to 10 years R. I. and fine of Rs. 500/- and further convicting under Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to life imprisonment as well as fine of Rs. 5000/- and in default of payment further one year more imprisonment.

(2.) Brief facts of the prosecution case are that one Joga Ram lodged a First Information Report on 9-3-2001 at 7.00 p.m. with Patwari Patti Circle Bajina, Bageshwar stating therein that: on 9-3-2001 at about 5.45 p.m. his daughter Kumari Pushpa along with her companion Kumari Bhagirati had gone to cut the grass. The appellant Vinayak Bihari alias Vinayak Sharma along with his companion was present there nearby the jungle and when these persons saw Kumari Pushpa and her companion all alone then the appellant Vinayak Bihari and his companion went to Kumari Pushpa and pushed to her on the earth. The appellant shut the mouth of Kumari Pushpa with his hand and thereafter torn the trouser of Kumari Pushpa. The appellant after doing all this committed rape upon Kumari Pushpa. Kumari Pushpa anyhow could reach to the house of one Pitamber Joshi and from there she was shifted to her house in a semi-naked position.

(3.) After the registration of the case, Kumari Pushpa was subjected to medical examination and doctor Smt. Usha Jangpangi examined her on 10-3-2001 at 4:00 p.m. The doctor during the medical examination found that the hymen was recently torn and the scar was not healed up. The doctor also found slight bleeding present over there and there was tenderness on the vagina. The doctor also found that the vagina was admitting one finger. For ascertaining the age of Kumari Pushpa, doctor sent for Radiologist and the Radiologist after performing the necessary examination opined that the age of the prosecutrix was below the age of 17 years. The Investigating Officer - Ganga Ram Tamta (P.W. 6) Patwari conducted the investigation and also sent the recovered trouser and sweater belonging to the prosecutrix for chemical examination to the examiner. The chemical examiner sent the report that the male semen and the blood spots were found in the aforesaid clothes. The chemical examiner also found the male sperms on the trouser.