HARISH RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The above named appellant was charged and convicted under Section 376 of the Indian Penal Code for committing rape on Km. Vineeta Burphal aged about 9 years at about 3.00 p.m. on 7-8-2000 in the vicinity of village Tuldukri of P.S. Kotwali, Pithoragarh. He was sentenced to undergo R.1. for 7 (seven) years together with fine of Rs. 2000/- per judgment dated 18-2-2002 passed by the then Sessions Judge, Pithoragarh in sessions trial No. 38 of 2000.

(2.) The case of the prosecution is that the victim Km. Vineeta Burphal was a student of class IV of Primary School, Tildukri. On 7-8-2000 at about 3.00 p.m. she went to ease herself in the vacant land near the school building. The victim was over-powered by a miscreant and was forcibly raped. She sustained injury in her private part and started bleeding. She came back to her class with difficulty and was writhing in pain. On being told about the incident the head mistress and other school teachers went to the site of the incident but the rapist had by then run away from there. The high rise grass at the site of the incident was found crushed and blood stained. The maternal aunt (Mausi) Devki Devi was summoned to the school and was told about the incident. Head mistress prepared the written report (Ext. Ka.1) and filed it at the P.S. Kotwali Pithoragarh at 4.35 p.m. the same day and a case under Section 376, IPC was registered. The investigation was taken up by S.S.I. Sri Ashok Kumar Arora but later on Deputy S. P. Sri Prem Singh Sanga was entrusted with the investigation of the case.

(3.) On 12 8 2000 Sri Sanga visited the site of the incident in the presence of the victim and others and while inspecting the site was able to lay hands on a small booklet, spoiled with mud, in the bushes. On being cleaned it xvas found to be a rationcard No. 069277 belonging to Harish Ram s/o Sher Ram and having the photograph of the said head of the family. This piece of evidence gave a lead and Harish Ram was arrested on 13-8-2000 and was taken 'baparda' to the police station so that he may be put to test identification to affirm his involvement.