LEELADHAR JOSHI Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal -arises out against the judgement and order dated. 21 -09 -2002 passed by Sessions Judge, Champawat in Sessions Trial No. 16 of 2002 convicting the accused/appellant under Section 376 I.P.C. and sentencing him to undergo 5 years rigorous imprisonment.

(2.) BRIEF facts of the prosecution case are that the accused Liladhar was posted as constable in police department and his family was .residing in the village Madhkot, District Pithoragarh. The appellant Liladhar had a daughter Kumari Bina whom she took with him to his house at Pithoragarh which was located in the campus of Police Line, Champawat.

(3.) AS per the prosecution case, the accused/appellant one evening brought the mutton and liquor to his house and after taking the mutton and liquor, he also provided some liquor to his daughter describing that liquor to be a medicine Kumari Bina after having liquor started becoming unconscious therefore, the accused/appellant took her in his lap and thereafter unclothed her. Kumari Bina put objection instead of being under intoxication but the accused/appellant pressed her mouth and threatened her. Thereafter, accused/ appellant committed rape upon her. The accused/appellant after that night, off and on used to commit rape upon her. Kumari Bina did not disclose this fact to anyone out of fear but after certain time when she could not tolerate this behaviour of her father then she lodged a report on, 26 -05 -2002 at police station.