SHANKER CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE impugned judgment dated 12.2.2013 rendered by the Sessions Judge, Pithoragarh is under challenge through the above -titled jail appeal. Appellant Shanker Chand was found guilty for the offences of Section 376, 451 IPC. He has appropriately been sentenced for such offences. The trial pertains to PS Kotwali, District Pithoragarh. The facts as emerging out from the FIR lodged by Smt. Kalawati Devi (mother of the victim) are that when she was out of her house and her daughter Pooja @ Vimla, aged 16 years was all alone in the house, the accused appellant Shanker Chand committed rape with her daughter. On her return, as she opened the door of the house, she found the appellant lying on the cot in the room of that house. Having seen the arrival of informant in the house, the accused escaped from the spot. She asked her daughter to explain the presence of the accused. As her daughter is mentally weak and thus speaks very little, so only by indications and gestures she expressed that Shanker Chand had done wrong with her. The informant along with other family members wanted to seek clarification from Shanker Chand, but they were threatened by him throwing the challenge to do anything whatever they like. This information Ex. Ka -1 was given to the Inspector, Kotwali Pithoragarh on 15.12.2011 at about 3.45 PM i.e. after more than two days of the incident. Chick report is Ex. Ka -4.

(2.) KM . Pooja was taken by the police for her medical examination and the same was got done on 15.12.2011 at 5 PM in the District Hospital, Pithoragarh. The doctor found the sign of virginity was not present. Besides, vaginal swab was taken and sent to the pathologist for examination. No hymen was present. Some white substance in the form of vaginal discharge was found. In the pathological report Ex. Ka -3, spermatozoa were found visible in the smear, besides the epithelial cells were also found in that smear. On the basis of ossification test, the radiologist has opined her a girl of 16 - 18 years.

(3.) ACCUSED was arrested by the police on 16.12.2011 and since then he is in confinement. Learned Sessions Judge levelled the charge against him for the offence of Section 376 and 452 IPC. The trial culminated into his conviction as aforestated.