BALWANT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 27 -09 -1993, passed by Sessions Judge, Almora, in Sessions Trial No. 40 of 1992, State v. Balwant Singh, whereby the learned Sessions Judge has convicted the appellant under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as LP.C.) read with Section 511 I.P.C. and Section 377 LP.C. and awarded sentence for five years' R.L under Section 376 I.P.C. read with Section 511 I.P.C. and five years' R.L under Section 377 I.P.C. and has directed that both the sentences shall run concurrently.

(2.) IN brief, the prosecution case is that in the evening of24 -07 -1992, Km. Kamla Devi (P.W.1), a minor daughter aged about 7 years of complainant Balwant Giri (P.W.3), resident of village Saila Bagarh, Maigdi Estate under Patwari Kshetra Pinglon, was sent to a shop to buy cigarettes for her father and when she came back to her house, she was in an injured condition. Her father Balwant Giri did not pay attention towards his daughter's condition, but on 25 -071992, when condition of Km. Kamla Devi deteriorated, he inquired about the cause from Km. Kamla Devi and according to the prosecution story she told that accused Balwant Singh son of Bhupal Singh had committed rape with her after seducing her by giving a note of Rs. 2. Balwant Giri (P.W.3) wrote a report of this occurrence on 26 -07 -1992 addressed to Patwari of Patwari Kshetra Pinglon through Gram Pradhan of Gram Sabha Maigdi Estate praying for permission of medical examination of Km. Kamla Devi, that report is EX.Ka -1. Sri Balwant Singh Rawat, Patwari of Patwari Kshetra Galai, who was Incharge Patwari Kshetra Pinglon on that date, registered the case as crime nO.3 of 1992 and the Chik report was prepared by hilT), the Chik report is EX.Ka -3. The Patwari started investigation and Km. Kamla Devi was medically examined by the Medical Officer, Government Women Hospital, Baijnath (Garun)Almora on 28 -07 -1992 at 9.30 A.M., the medical report is EX.Ka -2. During the course of the investigation, the Patwari (Investigating Officer) prepared the site plan of the place of occurrence i.e. EX.Ka -4. The Patwari (Investigating Officer) also written a letter to the Chief Medical Officer, Women Hospital, Almora on 28 -07 -1992 for the treatment of Km. Kamla Devi, the carbon copy of the letter is EX.Ka -6. The Patwari also wrote a letter to the Medical Officer, Women Hospital, Baijnath on 28 -07 -1992 for the report after conducting the medical examination and for the treatment of Km. Kamla Devi, the carbon copy of that letter is EX.Ka -7. During the course of the investigation, the Patwari (Investigating Officer) recorded the statement of the witnesses (in the rural areas of hill district of Uttarakhand the Patwaris are vested with the police powers) and after completing the investigation, he filed the charge sheet against the accused appellant on 20 -10 -1992 under Sections 376 and 377 I.P.C., the charge sheet is EX.Ka -5.

(3.) LEARNED Munsif Magistrate, Almora committed the case to the Court of Session"¢ on 18 -11 -1992 under Section 209 Cr.P.C. after complying the provisions of Section 207 Cr.P.C.