RAN BAHADUR Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated 15.10.2001 passed by the Sessions Judge, Pauri Garhwal convicting the accused-appellant Ram Bahadur under sections 302 and 376 Penal Code and sentencing him to undergo imprisonment for life under section 302 Penal Code and imprisonment for 10 years under section 376 IPC. Both the sentences were made concurrent.

(2.) According to the written report Ex. Ka-1 lodged by the complainant Harsh Ram Vedwal on 19.7.1998 at 8.45 A.M. at P.S. Pauri the prosecution story is that the deceased Km. Archana was aged about 6 years and was student of Class-VI. On 18.7.1998 she went to her school along with her sisters Km. Rachana and Km. Kiran but she did not come back to her home from the school. On inquiry by the complainant from Km. Rachana and Km. Kiran they informed that Km. Archana was missing at the time of interval at about 11.00 A.M. After receiving this information complainant along with his daughter-in-law Manoj Prasad, Prem Dutt and other persons went to village Chhatkot and informed the village Pradhan regarding missing of Km. Archana. They searched her in the neighbouring area but she could not be found. On the next day they again started searching Km. Archana and as soon as they reached at the camp of Nepali labourers they found one labourer namely Ran Bahadur absent in the camp. When the complainant and others inquired from the Nepali, labourers about Ran Bahadur, they informed that he did not come to his 'Dera' since night. Suddenly Ran Bahadur appeared there but seeing the complainant and other people there he tried to flee away. On suspicion they caught hold Ran Bahadur and on enquiry he admitted his guilt and stated that on 18.7.1998 at the time of interval in the school a girl aged about 6 years came towards him for eating mangoes. He brought her to his 'Dera' and committed rape upon her. When the girl became unconscious, she was done to death by strangulation with her 'Paijama' and thereafter he threw her dead body in the bushes. Accused Ran. Bahadur got recovered the dead body of Km. Archana from the bushes in presence of village Pradhan Rajendra Singh, complainant and other persons.

(3.) On the basis of written report Ex. Ka-1 chick FIR Ex. Ka-7 was prepared at the Police Station and a case under sections 376, 302 and 201 IFC was registered against the accused. The investigation of the case was entrusted to S.I. Mahipal Singh. He recovered the dead body and prepared recovery memo Ex. Ka-8. He also prepared site plan Ex. Ka-10 and other relevant documents. He sent the dead body for post-mortem examination. The Investigating Officer arrested the accused and sent him for medical examination. His medical examination was conduced by Dr. S.D. Uniyal, E.M.O. District. Hospital, Pauri. After medical examination the Doctor sealed the underwear of the accused and handed over it to the Police for bio-microscopic examination. The Investigating Officer sent the underwear of the accused and slides of vaginal smear taken by the doctor from the dead body for forensic examination and after completing the necessary formalities, he submitted charge-sheet against the accused-person.