HAYAT SINGH Vs. STATE

JUDGEMENT

(1.) This is a criminal jail appeal against the judgment and order dated 23-7-2002 passed by Sri Ram Dass, the then Special Judge, Bageshwar in Special S.T. No. 4/2002, whereby the Special Judge has con- victed the appellant and sentenced him to undergo RI for ten years and fine of Rs. 5,000/- under Section 376, IPC; to undergo RI for 3 years and fine of Rs. 2,000/- under Section 452, IPC and to undergo RI for 10 years and fine of Rs. 5000/- under Section 3(2)(5) of S.C./S.T. Act. In default, the applicant to undergo simple imprisonment for 3 months, 2 months and 3 months respectively. However, it was directed that all the sentences would run concurrently.

(2.) I do not propose to mention the name of the victim. Section 228-A, IPC makes disclosure of the identify of victims of certain offences punishable. Printing or publishing the name or any matter which may make known the identify of any person against whom an offence under Section 376 is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication or judgment by the High Court or the Supreme Court. But keeping in view the social object of preventing social victimization or ostra cism of the victim of a sexual offence for which Section 228-A, IPC has been enacted, it would be appropriate that in the judgments the name of the victim should not be indicated. I have chosen to describe her as "victim" in the judgment.

(3.) The case of the prosecution, in brief, is that on 26-11-2001 at about 9 p.m. when the complainant Lachhi Ram (PW-1) along with his wife Smt. Motima Devi (PW-2) had gone for participating in 'Ghanyali' in Toke Sultui, Kapkote village the appellant-Hayat Singh reached the house of the complainant and entered into the house where the daughter of the complainant (victim-PW3) was in the room. Thereafter, the appellant committed the rape on the victim-PW3. On hearing the cry, the neighbour i.e. Sundar Lal, Ram Prasad and Harish Ram reached there and saw the appellant in the alleged house along with the victim-PW3. These people got the victim out and the appellant was locked in the same room and went to call the complainant-Lachhi Ram (PW-1) from the village Sultui. After reaching the place of incident, the complainant-Lachhi Ram (PW-1) filed a written complaint (Ex.Ka. 1) before the Circle Patwari, Kapkote. On the basis of it, the check FIR (Ex.Ka. 6) was prepared and the case was registered against the appellant. The I.O. reached on the spot and prepared the site plan (Ex.Ka.7). The 'payjama' and 'chaddi' of victim-PW3 were taken into possession and recovery memo was prepared thereof (Ex.Ka. 10). The appellant was arrested from the house of the complainant on the same day i.e. 27-11-2001. His 'chaddi' and blade was taken into possession by the police and the recovery memo was prepared thereof (Ex.Ka9). The prosecutrix-victim was examined by the doctor and the medical report was prepared which is Ex.Ka.4. The clothes of the victim-PW3 and the appellant and the swab were sent to the chemical examination. When the I.O. came to know that the victim was related to the schedule caste community and the appellant was not related to the scheduled caste community, the investigation was handed over to the Niab Tehsildar for remaining investigation. The investigation was taken up as usual which culminated into the submission of the charge-sheet.