VINOD KUMAR YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge herein through the jail appeal, is to the judgment and order dated 02.7.2010 rendered by the Session Judge, Pauri Garhwal whereby the accused Shri Vinod Kumar Yadav was found guilty for the offence of section 396(2)(f) IPC (as it was before amendment). He has been sentenced with a rigorous imprisonment of ten years nay Rs. 50,000/- fine. In default of such payment he will undergo further two years incarceration and if the amount has been paid then the learned Judge has directed to pay Rs. 30,000/- to the parents of the victim as compensation.

(2.) The theme of the prosecution story is that accused Vinod Kumar Yadav was a tenant in a portion of house owned by Smt. Kanti Devi. There were few other cotenants in the adjoining different portions of the same house. Few ladies alongwith the informant Julam Rai on 10.01.2010 at around 4:15 PM were taking the pleasure of fire warmth. Accused Vinod Kumar Yadav persuaded the victim Km. Anchal, three years old girl, to accompany in his room at the greed pretext of giving her a toffee. The girl followed him. He bolted the door inside. When Km. Anchal did not come out even after passing of ten minutes she was searched around. All the persons assembled around the wood fire, asked Vinod Kumar Yadav in a loud voice (because his door was closed), he refused the presence of Km. Anchal in his room. After sometime the screams were coming out from the room of accused. Feeling alarmed, all the persons assembled there knocked the door of Vinod but he did not open it. The witness peeped from the window and saw that accused was forcibly committing the sexual intercourse with Km. Anchal. It created the scene of hue and cry. Landlady Smt. Kanti Devi also came at the spot alongwith other persons and they underwent a tough exercise to ensure the opening of the door forcibly. It was noticed that blood was oozing out from the private part of Km. Anchal. Her lower lip had been bitten.

(3.) Vinod Kumar Yadav was apprehended at the spot. The victim and the accused both were taken to the police station, Kotdwar and the FIR was lodged by Shri Julam Rai which is exhibit-ka 1. The report is exhibit-ka 9 adverting that it was recorded in the relevant papers of the police station around 6:30 PM while the police station was around 15 kms. away from the spot.