DABBAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 06.03.2012 passed by Addl. Sessions Judge, Tehri Garhwal in Sessions Trial No. 09 of 2011 'State vs. Dabbal Singh', whereby accused/ appellant Dabbal Singh has been convicted under Section 376/511, 342 & 323 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced under Section 376/511 IPC to undergo rigorous imprisonment for five years with fine of Rs. 10,000/- and in default of payment of fine further imprisonment for six months, one year's rigorous imprisonment each under Section 342 and 323 IPC. It was directed that all sentences shall run concurrently.

(2.) Heard learned counsel for the parties and perused the Lower Court Record.

(3.) The facts, leading to the appeal, are that on 08.04.2010 at 10:20 p.m. (PW-3) Ranjeet Singh, grandfather of Baby Kittu (victim) lodged a written report (Ext.A-1) with the Station House Officer, New Tehri, District Tehri Garhwal stating therein that he is employed as driver in CISF, Tehri Hydroelectric Development Corporation-B Puram and is residing at Koti Colony. His wife and his granddaughter, namely, Kittu, aged 21/2 years also reside with him. On the very day at 7:00 p.m., Kittu had gone to play outside her house with other children and when she did not return upto 7:30 p.m., his grandmother made search. In this process, a child in the neighbour, pointing towards a house, told that he saw Kittu in that house with one person. Thereafter his wife alongwith her neighbour-Chhoti and others entered that house, where the accused Dabbal Singh, who was employed as helper in THDC, met them and on being asked, he denied. After finishing his duties, the complainant returned his house at 9:00 p.m. and came to know about the incident. Thereafter, the complainant, alongwith his wife and others, went to the house of accused Dabbal Singh, where the accused was asked to open the door. But the accused did not open the door. When the accused was compelled to open the door by telling that the door would be broken to open, he opened the door. By entering into the house, it was found that Kittu was lying in naked and unconscious state under a cot, contusions were present on her cheeks. The complainant apprehended that the accused had done some wrong and that incase they would not have reached at the house of the accused in time, the accused would have done some offensive act. On the basis of written report, Chik report (Ext. A-5) was prepared and a case crime no. 2037 of 2010 was registered against the accused Dabbal Singh under Section 342,376/511,323 I.P.C. and an entry was made in the General Diary (Ext. A-6). Investigation of the case was entrusted to Sub Inspector Pramod Kumar Negi (PW-6) who during investigation, recorded statements of the witnesses and after making spot inspection, prepared site plan (Ext. A-13). Thereafter, on 09.04.2010 at 12:03 p.m., Dr. Satwant Kaur (PW-4), Medical Officer, District Hospital, Baurari, New Tehri, Garhwal conducted medical examination of Baby Kittu (Ext. A-2). In external examination, the doctor found that 'reddish purple discoloured areas of skin of variable shape present on both cheeks-2 on left side, 1 on right side. No fresh external injury seen on any other part of the body". On internal examination, it was found that 'in perineum-no signs of ocdema/bruising or laceration, vulva appear normal, no redness/tenderness was present and hymen was present'. Two swabs from perineal region were taken and sent for pathological test (Ext.A-3). Doctor also recorded that no exact opinion can be given. Two slides of smears from perineum region prepared, preserved and sent for pathological examination to Pathologist, Suman Hospital, Narendranagar. Sample of inner clothing (undergarment) of the victim-sent for pathological examination. Reference slip (Ext.A-4) was prepared. Completion of investigation culminated into filing of charge sheet Ext. A-7.