ROOP SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal appeal against the judgment and order dated 2-7-1984 passed by the Sessions Judge Uttarkashi in S. T. No. 3 of 1984 State v. Roop Singh whereby the learned Sessions Judge convicted and sentenced the appellant to undergo four years rigorous imprisonment under Section 376 IPC.

(2.) It has been held by Hon'ble Supreme Court in the case of State of H. P. v. Shree Kant Shekari, (2004) 8 SCC 153 : (2004 Cri LJ 4232) as under :

(3.) The prosecution case, in brief, is that on 26-2-1983, the victim took her cattle for grazing in jungle and after levaing the cattle she proceeded to her village for putting cow dung there. At about 4 or 5 p. m. she proceeded for Choriyakhal in order to take the cattle back. When she reached there she found the appellant present there. The appellant came out from behind a tree with Darati in his hand. The appellant caught hold of the victim and threw her down on the ground. The appellant threatened the victim with Darati and committed rape upon her. The victim went to her house along with the cattle. On the way PW 1 Asha Devi met her and the victim narrated the story of rape to her. She went to her house where she narrated the entire story to her mother-in-law and Jethani. The mother-in-law and Jathani narrated the entire story to Dev Singh PW 3 who is the Jeth of the victim. In the morning they went to Uttarkashi. The victim submitted written report (Ext. Ka 2) at P. S. Uttarkashi on 27-2-1983. On the basis of the written report FIR (Ext. Ka 3) was prepared on 27-2-1983 at 11.15 a.m. by Kripa Ram Pant Head Moharrir (PW6) and a case under Section 376 IPC was registered against the appellant.