CHIDDU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal appeal against the judgment and order dated 23- 3-1985 passed by Sri K. C. Lamba, the then I Additional Sessions Judge Nainital in S.T. No. 81 of 1982 State v. Chiddu and S.T. No. 82 of 1982 State v. Surajpal whereby the learned Additional Sessions Judge convicted and sentenced each of the appellant to undergo seven years rigorous imprisonment under Section 376, IPC.

(2.) The prosecution case, in brief, is that on 1-12-1981 at 02 p.m. the victim (7 years) PW5 and Dalbir Singh (6 years) PW6 when they were on their way to the sugarcane field of their uncle and they reached near the field of Kyali the appellants induced them on the pretext of providing 'Narangi' and took the victim to the side of sugarcane field. Both the appellants committed rape upon the victim. Dalbir Singh (PW6) left the victim all alone there and came to her uncle Om Prakash where he was working in the sugar cane field. Dalbir was asked why he has come alone and he narrated the entire story. They along with Raja Ram (PW8) came to the scene of occurrence. On hearing the shrieks of the victim (PW5) Nanhe (PW10) ' who was passing by the side of the occurrence went inside the field and saw the appellants running away. He also saw the victim lying on the ground and her private parts were bleeding and her clothes were stained with blood. Nanhe (PW10) informed Smt. Shanti Devi (PW4) mother and Smt. Chhoti (PW9) aunt of the victim. Smt. Shanti Devi went to the place of occurrence and saw that from the private parts of the victim blood was oozing and her clothes were stained with blood and she was unconscious. The victim was brought to the house. Then the victim was brought to P. S. Bajpur where Smt. Shanti Devi (PW4) lodged written report (Ex. Ka-5) scribed by Jhabban Singh (PW7) on 1-12-1981 at 4.20 p.m. The distance between the place of occurrence and police station was 7 kilometers. Head Constable Gopal Dutt (PW2) on the basis of written report (Ex. Ka5) prepared FIR (Ex. Ka-2) and registered the case in GD vide (Ex. Ka-3).

(3.) On 1-12-1981 Dr. Smt. P. Kaur, Medical Officer, Government Combined Hospital, Bajpur at 6.30 p.m. examined the victim and prepared injury report (Ex. Ka-l). The doctor found that the bleeding was oozing. The victim was feeling pain in discharge of urine. Huge linear tear extending upto anus and fresh bleeding present tags hanging in the vagina, tear in the labia majora and labia minora measuring 1 x 5 cm and excessive blood present. Vaginal smear was taken and examined for sperms. Red blood cells and few sperms were seen. The Injuries were simple caused by friction and duration was under three hours with the result she concluded that rape has been committed upon her.