GOVIND SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the judgment under appeal, the appellant has been convicted for the offence punishable under Section 376 and 506 of Indian Penal Code (for short I.P.C.) and has been sentenced imprisonment for life and directed to pay fine of Rs. 5,000/- under Section 376 I.P.C., in default of payment of fine, the convict is directed to undergo rigorous imprisonment for a further period of one year, and imprisonment for a period of two years under Section 506 I.P.C. It was directed that both the sentences shall run concurrently. This appeal has been preferred by the convict through the Superintendent, District Jail, Haridwar.

(2.) Heard learned Amicus Curiae for the appellant, learned Additional Advocate General for the State, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 07.10.2012, P.W.1 Smt. Bimla (victim) submitted a written report to Sub Inspector Revenue, Region Mokh, Sub-Tehsil Ghat, Tehsil & District Chamoli, stating therein that a year back, she had undergone a heart surgery in Delhi. After few months, when she returned home her father Govind Singh asked her to cohabit with him, as he had spent ' Rs. 2,00,000/- on her treatment. On her refusal, he threatened her of dire consequences. When he found her alone, he committed rape on her, and over thereafter, he committed rape on her, continuously for a period of one year. The accused threatened her that if she discloses anything to anyone, she would be killed. She further reported that in the night of 24.09.2012 also, her father Govind Singh forcefully committed rape on her at home, at this occasion her mother Smt. Godambari Devi had gone to Gopeshwar. Again on 04.10.2012, her father tried to commit rape on her, but on her scream, her mother and sister Km. Poonam came and rescued her. On 05.10.2012, she went to Gopeshwar to the place of her maternal aunt Smt. Gaura Devi, later on, she came to know that on the very night, her father Govind Singh attempted to kill her mother Smt. Godambari Devi and her sister Km. Poonam. Both of them in order to save their lives, proceeded to her maternal grandmother's place at village Farkhet. The complainant had apprehensions of danger, on her life. On the basis of said report, Case Crime No.1 of 2012 was registered at Revenue Circle Mokh, Tehsil & District Chamoli against the accused/ appellant Govind Singh, relating to offences punishable under Sections 376 and 506 I.P.C. Investigation was taken up by P.W.7 Himmat Singh Rautela, who interrogated the witnesses and started investigation. Statement of the victim as well as her sister, namely, Poonam was recorded under section 164 Cr.P.C. After completion of investigation, the Investigating Officer submitted charge sheet against the accused/ appellant Govind Singh, for his trial in respect of offences punishable under Sections 376 & 506 I.P.C. The case was committed to the Court of Sessions for trial on 05.12.2012. After hearing the parties, learned Sessions Judge, Chamoli (Gopeshwar), framed charge of offences punishable under Section 376 & 506 I.P.C. against the accused Govind Singh to which the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined seven witnesses. In his defence, the accused also got examined four witnesses. Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which, he alleged that the evidence adduced against him is false. After hearing the parties, the trial Court found accused Govind Singh guilty of charge of offence punishable under Sections 376 & 506 I.P.C. and convicted him accordingly.