BHARAT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Bharat Singh has preferred the instant appeal against his conviction and sentence for the offences of section 376, 201 and 506 IPC by learned Sessions Judge, Uttarakashi. Sessions Trial No.2 of 2013 was proceeded against the appellant with the allegations that on 27.8.2012 at about 2 PM, he entered in the adjoining house of victim Smt. Bindula and committed rape on her while she was making breast feeding to her baby. She resisted with tooth and nail but was overpowered by the appellant, who made her lay on the earth and forcibly committed sexual intercourse with her. At that time she was wearing her trouser and shirt. The shirt was torn up and the string of the trouser was broken by him. Hearing her shrieks, minor daughter PW3 Km. Dakshina, aged about 12 years, rushed to the rescue of her mother but she was slapped by the appellant with the threat not to disclose the incident to the villagers. So, she remained silent and the appellant became successful in his nefarious activity.

(2.) In the evening, the husband of victim Soban Singh came in the house. He was made aware about the incident, then the report could be lodged on 30.8.2012 at 11 AM after running from pillar to post on the basis of moving an application by the victim u/s 156(3) Cr.P.C. on 28.8.2012 to the concerned Magistrate.

(3.) Victim was medically examined on 31.8.2012 at about 2 PM where multiple scratch marks were found on her breast area. Since the medical was done after four days of the incident, so there remains no impact about the presence or absence of spermatozoa because even if the sperms might have been found, then it could not be ascertained that the same was only of the appellant/ accused, particularly in the circumstances when her husband had returned in the same evening of the incident and remained with her on the days to fall.