LAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) (Oral) - This appeal, preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Criminal Procedure Code), is directed against the judgment and order dated 2.3.2001, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 16 of 2000, whereby accused/ appellant Lal Singh has been convicted on the charge of offence punishable under Sec. 376 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life. The Trial Court also directed the accused /appellant to pay fine of Rs. 20,000.00, in default of payment of which, the convict shall undergo simple imprisonment for further period of four years.

(2.) Heard learned Counsel for the parties and perused the entire evidence on record.

(3.) Prosecution story, in brief, is that on 23rd Feb., 2000, complainant Savitri Devi (P.W. 2) along with her daughter P.W. 1 Ms. Kanti (the victim) aged 13 years and Lal Singh (accused/appellant) had gone to forest to collect fire woods. When she (Savitri Devi) was collecting the fire woods near Sidhbali Temple, accused/ appellant Lal Singh and Ms. Kanti (P.W. 1) were collecting the same at some distance from her. Getting an opportunity, accused/appellant committed rape on Ms. Kanti, who was his step-daughter. A report (Ext. A-1) was lodged with the police on 3rd March 2000, i.e. after more than seven days of the incident. A crime No. 404 of 2000 was registered at the Police Station Kotdwar and check report (Ext. A-4) was prepared by the police. An entry in connection of the report was made in the general diary at Serial No. 6, on that very day, at about 2:00 p.m. (copy of extract of which is Ext. A-5). Ms. Kanti was sent for medical examination with lady constable Kamla Chauhan to Government Hospital Kotdwar, where she was examined, at about 2:45 p.m., by Mr. Reeta Kala (P.W. 3) and report (Ext. A-2) was got prepared. On medical examination, the Medical Officer found hymen of the girl, torn and bleeding present. However, no external injury was seen at the time of examination. For determination of age, the Medical Officer advised X-ray examination, and after the report (Ext. A-3) of the Radiologist Dr. D.K. Jain (P.W. 4) is received, it was verified that the girl was aged 13 -14 years. Meanwhile, the Investigating Officer interrogated the witnesses and prepared site plan (Ext. A-6). On completion of investigation, a charge-sheet (Ext. A-7) was submitted by the Investigating Officer Sub-Inspector T.S. Rana (P.W. 5) against the accused Lal Singh.