BHUPENDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 23.10.2010, passed by Sessions Judge, Pithoragarh, in Sessions Trial No.43 of 2007, whereby the said court has convicted the accused/appellant Bhupender Singh under Section 376 and 506 of I.P.C., and sentenced him to undergo rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 50,000/- under Section 376 I.P.C., and in default of payment of fine simple imprisonment for a period of two years and rigorous imprisonment for a period of two years under Section 506 of I.P.C. It was directed that all the sentences shall run concurrently. It was also directed that the prosecutrix Smt. Sarita shall be entitled to receive Rs. 40,000/- from the fine imposed upon the accused.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 11.06.2007 P.W.2 Kaman Singh (father of the victim) (complainant) made a written complaint to the District Magistrate, Pithoragarh, stating therein that the marriage of his daughter Sarita solemnized with Shri Hemraj resident of Chaupata Devsthal according to Hindu rituals. On 02.06.2007, Shri Hemraj resident of Chaupata Devsthal called him and his wife to Pithoragarh. When he (complainant) and his wife met with Hemraj at Pithoragarh, at that time his wife Sarita was also with him. Hemraj informed them that their daughter is pregnant and told them to take her along with them to their house. Then, he and his wife asked their daughter Sarita about her pregnancy. After that, she informed them that on 14.09.2006 at around 08:00 p.m., when she was preparing food at Goth, then Bhupender Singh, S/o Shri Narayan Singh, Village Doli, Patti-Kharkdoli, Tehsil & District-Pithoragarh, forcefully broken the strip of her Paijama and raped her. She also informed them that on that day, her father and mother had gone to the house of her sister and he (accused) threatened her that if she discloses anything to anyone, then he would kill her entire family. He also told her that she has one brother after seven sisters and he would kidnap him and would kill him. She informed them that due to threat as well as also due to poverty, she could not inform anyone about the incident. Several times he, on seeing her alone and on giving threat that if she discloses anything to anyone he would kill all her family members, raped her. She also informed them that she is carrying the child of Bhupender Singh. The complainant in the said report stated that after knowing the above facts, he informed Bhupender Singh and his father and then they told him that they would settle the dispute in the village itself. 03.06.2007 was Sunday. On 04.06.2007, they sought time from the Panchayat upto 08.06.2007 to solve the issue, but the matter was not solved and Bhupender Singh and his father denied the allegation of commission of rape. 09.06.2007 was public holiday and on 10.06.2007 report could not be lodged. In the said complaint, the complainant requested to take legal action in the matter and prayed to punish the accused and further requested to send the matter to the concerned police for inquiry. On the basis of said written complaint, F.I.R. was lodged on 13.06.2007 at 02:00 p.m. and Crime no.1 of 2007 was registered in respect of offences punishable under Section 376 and 506 of I.P.C. against the accused Bhupender Singh. Investigation was taken up by P.W.5 Patwari Hem Chandra Sharma, who interrogated the witnesses and started investigation. Her statement under Section 164 Cr.P.C. was recorded before the Chief Judicial Magistrate, Pithoragarh, in which she stated that the accused Bhupender Singh committed rape on her and threatened her of dire consequences, if she dares to disclose the incident to anyone. She stated that due to threat, she did not disclose the incident to anyone. She stated that her marriage was solemnized with Hemraj on 14.05.2007. She further stated that her husband Hemraj came to know about the pregnancy after the marriage. Her husband took her to Pithoragarh on 02.06.2007 where he conducted her ultrasound in which foetus of around 8 months was determined. She also stated that after 14.09.2006, accused Bhupender Singh several times committed rape on her and prior to her marriage, she had no physical relations with anyone except Bhupender Singh. In reply to Magistrate, she stated that since accused threatened her to kill her younger brother, she did not tell anyone that she was raped by the accused. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Bhupender Singh, for his trial in respect of offences punishable under Sections 376 and 506 I.P.C.