BHIM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT Bhim Singh is a convict for the offence of Section 376 and 457 IPC in Sessions Trial No. 7/2012 pertaining to PS Kapkot, District Bageshwar. Soon after the occurrence he was arrested on 10.6.2012 and is in gaol from that time. He has preferred the instant appeal through jail authorities. Learned Trial Judge has sentenced him appropriately for both the offences. Having heard learned Amicus Curiae and State Counsel, it appears that appellant Bhini Singh was working as a driver on JCB machine in the close vicinity of the place of occurrence. Otherwise also, he was living in that vicinity too for last three years. As such, he was familiar with the prosecutrix and her family members comprising her husband, children, father -in -law and mother -in -law. Taking advantage of family bonds, he used to keep on coming in the house of prosecutrix.

(2.) ON the fateful day of 3.6.2012 at about 9.30 PM, the prosecutrix was alone in the house along with her two minor daughters aged about 5 and 2 years. The accused came in the courtyard of the house and asked the drinking water from the victim. She, in regard to family relations with him, offered the water as she was asked for. Accused after taking the water from the prosecutrix did not leave the place, but sat in that open courtyard and began to consume liquor, which he was in possession. Having seen the consumption of liquor by the accused, the victim felt unusual and went inside the room of her house with the sleeping daughter of two years. The accused followed her in the same room and after catching hold, overpowered her. He untied string of her undergarments and committed sexual intercourse with her, nonetheless other resistance. After commission of the incident, he left the spot leaving the warning to the victim not to disclose the incident.

(3.) FIR was lodged on 6.6.2012 by Kheem Singh. Chick report whereof is Ex. Ka -3. The police submitted the chargesheet after completion of the investigation. Charges were levelled accordingly and the accused was put to trial.