RAHUL Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) Appellant Rahul was found guilty for the offence under Section 376 IPC in Sessions Trial No.154/2013 and has appropriately been sentenced by the learned Sessions Judge, Udham Singh Nagar. The trial pertains to F.I.R. No. 32/2013 of the Police Station Gadarpur, District Udham Singh Nagar.

(2.) The accused/appellant Rahul is real brother of the aunt of the victim Km. Sunita. Thus, he was a cousin maternal uncle of her. The date of birth of Ms. Sunita was mentioned as 30.12.1998 in the School Register. The incident occurred in the intervening night of 4/5.03.2013, at about 10 P.M. The age of the victim at the time of the incident is about quarter passed 14 years. The accused is residing in the close vicinity of the house of the victim. On the fateful night, there were some matrimonial celebrations and the music system was being played at the high pitch of the volume. Ms. Sunita returned with her parents after attending the matrimonial occasion and went to sleep along with her mother, while her father was sleeping in another room. After a while, Ms. Sunita went outside to quench her thrust at a nearby hand-pump, which was very close to her house. While going out from the house, she told to her mother that she was going to drink some water at the hand-pump. The accused was incidentally present there. Finding Ms. Sunita alone, he apprehended her, gagged her mouth and carried in a nearby agriculture field. She tried to raise the shrieks but her voice vanished in thin air with the loud voice of the music system. Further, she was threatened by the accused not to make a voice. She was made to lay in the agricultural field forcibly. The accused broke the string of under garment of the victim and raped her. In the course of being subjected to forcible sexual intercourse, she became unconscious as she could not tolerate the beastly act of the accused.

(3.) In the morning of the next day, at about 7 A.M., when her mother found Ms. Sunita in such a bad physical condition, she was brought to the home and shifted to the Government Hospital by the parents. Medical examination was done on 05.03.2013, where the hymen was found torn in a 6 O' clock position. Blood was oozing from the torn portion of the vagina and two nail marks were present over right side neck, redish blue in colour. However, doctor has given no definite opinion regarding commission of the rape. Vaginal swap was tested microscopically, where some spermatozoa were found. The medical board was constituted including the Chief Medical Officer, Radiologist, Dental Surgeon and a woman medical officer, which opined estimated age of the victim to be around 16 years. Chargesheet was submitted against the accused for the offence under Section 376 IPC and after culmination of the trial, he was punished by the learned Sessions Judge as aforementioned.