BAHADUR SINGH Vs. STATE OF UTTRANCHAL

JUDGEMENT

(1.) This is a criminal revision against the judgment and order dated 16-11-1990 passed by Sri Allah Raham the then III Additional Sessions Judge, Nainital dismissing the Criminal Appeal No, 16 of 1987 preferred by the revisionist against the judgment arid order dated 17-1-1987 passed by the Assistant Sessions Judge, Nainital in S.T. No. 256/1985 whereby the revisionist was convicted and sentenced under S. 376, I.P.C. for 7 years rigorous imprisonment.

(2.) It has been held by Hon'ble Supreme Court in the case of State of H. P. v. Shree Kant Shekari (2004) 8 SCC 153 : (2004 Cri LJ 4232), as under :-

(3.) Briefly stated the facts are that victim (PW 2) aged about 10 years daughter of Bishan Singh Bist (PW 3) was studying in class V in Nagar Palika School, Subhash Nagar. On 31-7-1985 when the victim did not reach home from the school at the scheduled time her father Bishan Singh went to see her. At about 12.15 p.m. a rickshaw puller named Rasal of Bihar near Beer Sahiba School from the side of school was seeing on which the victim was sitting. Blood was oozing from her vagina. He enquired from her daughter about this but due to unconsciousness and pain she could not tell anything. It appeared that rape had been committed upon her by the appellant. The complainant got her daughter admitted in Women Hospital, Haldwani. Bishan Singh Bist (PW 3) submitted written report (Ex. Ka 2) at P. S. Haldwani at 2.25 p.m. and on the basis of written report (Ex. Ka 2) FIR (Ex. Ka 4) was prepared and a case under Section 376, I. P. C. was registered vide G. D. entry (Ex. Ka 5). The distance between the place of occurrence and police station was 11/ km.