PRATAP SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE above titled appeal challenges the judgment and order of conviction dated 28.7.2003 rendered by the Additional Sessions Judge, Uttarkashi in Sessions Trial No. 21/2001. In the said trial, appellant Pratap Singh was tried for the offence of Section 376 IPC. He was also tried along with his wife Smt. Sumna Devi for the offence of Section 323 IPC. The trial culminated into the acquittal of the appellant Pratap Singh from the offence of Section 376 IPC, while he and his wife both were found guilty for the offence of Section 323 IPC. Learned Trial Judge sentenced him to undergo six months' rigorous imprisonment nay the fine of Rs. 500/ -, whereagainst he has come through the instant appeal.

(2.) SMT . Sumna Devi, wife of the appellant, since was sentenced with mere fine of Rs. 500/ - for the offence of Section 323 IPC, hence she did not prefer any appeal. It is also pertinent to mention that the State has also not preferred any appeal challenging the acquittal of appellant under Section 376 IPC and also no appeal has been preferred to enhance the sentence of the couple accused for the offence of Section 323 IPC.

(3.) HAVING heard learned Counsel on behalf of the appellant and the State, the Court feels that it is one of the saddest tale of an unfortunate young lady, just attaining the age of majority. The incident of alleged rape on her was committed by none other than a Government Teacher in a school nearby and the victim lady Ms. Rajma was his pupil. There is a long tale of the prosecution facts as to how the appellant accused succeeded in developing a confidence not only in the minds of the parents of the victim, but also in the victim herself, so he could take out Km. Rajma from the custody of her parents. He allegedly committed rape with her making her pregnant. Inherent bashfulness of a lady probably constrained her to disclose everything, but the same could not remain concealed for a long time and she had to divulge the things happened with her when the foetus of 7 -8 months developed and later on she delivered a female baby. After all, the accused proposed to marry with Ms. Rajma during subsistence of his first marriage with the co -accused in the case and the native helpless family members of the victim gave custody of Ms. Rajma to the accused persons accepting the appellant as her husband.