DULHE HASAN Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) The convict/appellant Dulhe Hasan has challenged the judgment and order dated 14.02.2013 rendered by learned Sessions Judge, Udham Singh Nagar, wherein he was found guilty for the offence under Section 376 IPC. He has appropriately been sentenced. The Sessions Trail No. 07/2012 pertains to the Police Station Bazpur, District Udham Singh Nagar.

(2.) The victim Ms. Nandini is a 7 years old girl and she was beastly raped by this appellant while she was going to ease herself in the nearby agriculture field of her house in afternoon of 13.09.2013. She was forcibly caught by the accused, shutting her mouth and carried to a sugarcane field, which was very close to the road. She was made to lay on the ground and subjected to forcible sexual intercourse. The accused was a young man of 24-25 years of age. The victim tried to resist the commission of rape on her. In the course of that resistance, she pulled hair of the accused and also his shirt. In that scuffle, two buttons of the shirt were also broken and the same were recovered by the Police later-on.

(3.) Since the rape was committed by the appellant on the victim, a 7 years girl, hence, there was profused bleeding from her vaginal part. She was let free after the commission of the rape. It was quite late, than the estimated time, she would have returned to home after easing herself. So, her mother came outside the house in search of her daughter and found that daughter was returning to the home weepingly. Her vagina was so profusely bleeding as her under-wear was completely blood-soaked and it was flowing up to the ankles of the victim. The helpless lady informed her husband. On receiving information, her husband rushed to his home from his workplace and shifted her daughter to the hospital, where she was medically treated. Doctor has reported the commission of forcible sexual intercourse with the victim. She was badly injured by the act of the accused and that she had to be referred to the Higher Center for medical examination and treatment.