GIRISH RAM Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal; preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P.C.), is directed against the judgment and order dated 20.02.1995, passed by learned Sessions Judge, Pithoragarh in Sessions Trial No. 14 of 1994, whereby appellant Girish Ram, has been convicted under Section 376 of Indian Penal Code, 1860 (for brevity herein after referred as I.P.C.), and sentenced to rigorous imprisonment for a period of five years and also to pay fine of Rs. 5.000/-, in default of payment of which rigorous imprisonment for further period of one year was directed to be served.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Prosecution story, in brief, is that appellant Girish Ram is resident of Village Fagali, Patti Tharkot, District Pithoragarh. P.W. 1 Jhupa Devi was also resident of the same village. Her family had just two-three months back before the date of the incident, shifted to near by Village Chaumel, Patti Chaumel. On 12.07.1993, at about 1:00 P.M., Jhupa Devi, had gone to jungle of Village Fagali to graze her cattle. She was aged 15-10 years. The appellant Girish Ram, came there and snatched the sickle from the hand of P.W. 1 Jhupa Devi. He overpowered and made her lie down. When Jhupa Devi wanted to open her mouth to raise alarm, the accused by one hand closed her mouth and by another hand started pulling her panty. P.W. 1 Jhupa Devi, tried to resist her best but the accused took out his knife and threatened her of dire consequences. Thereafter, accused/appellant, committed rape on Km. Jhupa Devi, who cried in pain for help. But nobody could hear her cries in the jungle. The accused ran away from the scene of occurrence after committing rape. Soon thereafter it started raining and clothes of Jhupa Devi, got wet. She went back to her home and her parents came from Pithoragarh (District Headquarter) only by the evening. Jhupa Devi, narrated the entire incident to her parents. On next date, parents of the victim first contacted, to the parents of the accused but they too expressed a very indifferent attitude. Ultimately, P.W. 3 Hem Ram (father of the victim), lodged First Information Report (Ext. A-l) with the Patwari of the circle (In Uttaranchal hills certain revenue officers are given police powers). The girl was taken to the lady doctor, for medical examination. P.W. G Bal Kishan Pant, a Revenue Official investigated the crime. After medical examination by P.W. 4 Dr. Mamta Sharma, to ascertain the age of the girl, P.W. 1 Jhupa Devi was taken to P.W. 5 Dr.P.K. Gupta, Radiologist. After preparing the site plan (Ext. A-6), interrogating the witnesses, and on completion of the investigation, the Investigating Officer, submitted the charge-sheet (Ext. A-10) against accused Girish Ram (present appellant).