RAJA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) CONVICT Raja Ram has preferred the instant appeal against the judgment and order dated 6/7.6.2013, rendered by learned Additional Sessions Judge, Khatima in Sessions Trial No.219 of 2011. Appellant has been found guilty for the offence of section 376/511 IPC and sentenced to undergo five years' rigorous imprisonment with fine of Rs.500/ -. The trial pertains to crime no.90 of 2011 at police station Sitarganj.

(2.) APPELLANT and two minor victims Km. Hema and Km. Sneha Gupta were very close neighbours. When the victims were accompanying from their houses to purchase the ice -cream on 26.5.2011 at about 6:30 PM, accused enticed these girls with an offer of giving Toffees and wherewithal. He carried both the victims to the roof of his home and made them to put off their underwear. He also undressed his underwear and started to touch his peter on the vagina of both the girls. The girls scared and began to shout. Hearing this noise, neighbouring ladies, namely, Smt. Parvati (PW2, mother of victim Ms. Hema), Smt. Soma Devi (PW3, mother of Ms. Sneha) along with Ms. Paramjeet Kaur, Ms. Kiran Devi etc. went to the roof of house of Smt. Kiran Devi, from where the place of occurrence was visible, and witnessed the scene what the appellant was doing with both the adolescents. All made hue and cry. Hearing this, accused made to put on the underwear to both the victims and also wore his own underwear. Both the girls were set free from the clutches, so they returned to their houses. No report could be lodged on the same day because the fathers of the girls were not available at the place of their dwelling. When informant Ramesh Chand (PW1, father of Km. Hema) came from his work place late in the night, everything was disclosed to him by PW2 and PW4, so the report was lodged on the next day i.e. on 27.5.2011 at 10:15 PM. Accused was arrested forthwith by the police. Victims were taken to the hospital next day on 28.5.2011 and they could be examined around 3 PM by the doctor. Hymens of both the girls were found intact and no spermatozoa was seen in the vaginal smear. However, all around vagina reddish appearance was found. Investigation culminated into submission of chargesheet against the accused for the offences u/s 376/511 IPC. Charge was accordingly levelled and the accused was put to trial.

(3.) A very minor discrepancy has been pointed out that PW4 has stated that on the date of incident, she was also wearing a Jeans along with the underwear but nothing has been suggested to that effect in the first information report. The Court feels that only on the strength of this discrepancy, the prosecution case is not going to be affected adversely for the reason that these were the child witnesses and who were examined after more than 1 1/2 years of the incident. Although, the testimony of a child is to be looked very cautiously and many a times, such testimony is not enough to attribute the guilt upon an accused but the Court takes note of the fact that the testimony of these children/victims have well been corroborated by their respective mothers examined as PW2 and PW3. They are also the eyewitnesses who saw the occurrence from the roof of Ms. Kiran Devi and raised hue and cry after seeing this horrible and disgusting act on the part of the appellant who was running in his mid sixties.