HARI BAHADUR @ HARI SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Hari Bahadur @ Hari Singh has been found guilty for the offence of Section 376, 506 IPC and has appropriately been sentenced by the learned Trial Judge. He was the near relative of the victim, a girl of just above 15 years of age (as has been assessed in the ossification test). He resided in the close vicinity. The father of the victim was at his work at some place in Himachal Pradesh. Mother of the victim was also outside the house in connection with her work. The victim was present inside her house along with her two younger sisters, who were below 10 years. She was cleaning the utensils. It is alleged that the appellant came there, made the victim to open the zip of her jeans pant, untied the string of his underwear and then raped her. In the evening when her mother returned, the entire things were disclosed to her and with the assistance of a lawyer, the First Information Report could be lodged at 22.10 PM on 22.4.2013 in the police station. This way, the FIR was lodged almost three and half days after the alleged incident.

(2.) The victim was medically examined on 23.4.2013. The examination report is Ex. Ka-11. Although the hymen was found old torn and the vagina permitted the entrance of one finger and no spermatozoa was found, but the doctor opined that no definite opinion could be given regarding the rape. No injury on the external or internal organ of the victim was present.

(3.) I have heard learned Counsel for the appellant as well as the State Counsel.