AJAY PAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 17.05.2013, rendered by the learned District & Sessions Judge, Tehri Garhwal in Sessions Trial No. 15 of 2013, whereby the appellant-accused was charged with and tried for commission of offences punishable under Sections 376, 511 and 506 of the Indian Penal Code. He was convicted and sentenced to under rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/- and in default of payment of fine to undergo imprisonment for a period of one year under Section 376 read with Section 511 of IPC. He was also convicted and sentenced to undergo two years imprisonment under Section 506 of IPC.

(2.) The case of the prosecution, in nutshell, is that PW-2 Bho Singh submitted a report to Patwari Halka Chandrabadni, Tehsil Devprayag, District Tehri Garhwal with the allegation that the prosecutrix (name and address shall not be disclosed) on 29.10.2012 at about 7.30 AM was going to graze the buffalo. The ladies of the village found prosecutrix in unconscious condition. They informed the villagers about this incident. Prosecutrix narrated that the appellant-accused, who is a servant at the shop of Keshwanand at Chandrabadni, forcibly committed rape with her. Prosecutrix was medically examined at Base Hospital, Srinagar. The statements of witnesses were recorded. The investigation was completed and the charge-sheet was submitted against the appellant.

(3.) The prosecution has examined as many as seven witnesses.