RAJPAL @ RASPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal has been preferred by the convict through the Jailor, District Jail, Haridwar, against the judgment and order dtd. 23/11/2013 passed by IV Additional Sessions Judge, Dehradun in Sessions Trial No. 23 of 2013, whereby the learned Sessions Judge has convicted the accused/appellant under Sec. 376(2)(f) of The Indian Penal Code (for short IPC) and has sentenced him to rigorous imprisonment for a period of eight years with fine of Rs.10,000.00 and in default of payment of fine, further imprisonment for six months has been awarded.

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

(3.) Prosecution story, in brief, is that on 27/10/2012 at about 08:45 p.m. Suraj lodged a report at P.S. Kotwali, District Dehradun, stating therein that his mother had gone to Bihar and his sister, aged 6 years, was alone in the house. At about 5.00 p.m., when the complainant, his uncle and his grandmother returned to house, then they heard the voice of his sister (prosecutrix) from the house of his landlord (accused/appellant). His aunt Smt. Shanti Devi (P.W.5) told him that the accused had taken the prosecutrix. The complainant went at the spot and through a window he saw that the accused and the prosecutrix both were naked and that his sister was crying. On the hue and cry of prosecutrix, many people gathered at the spot and the accused was caught hold by them. With these averments, P.W.2 Suraj (complainant) lodged the report (Ext.A2) alleging that the accused has tried to commit rape with the prosecutrix. On the basis of report, Chik F.I.R. (Ext.A9) was prepared and Case Crime No. 47 of 2012 was registered against the accused/appellant under Sec. 376/511 of IPC. Investigation was taken up by P.W.6 Sub Inspector Sushma Rawat, who recorded the statement of witnesses and the accused, prepared the site plan, and on completion of investigation, submitted charge sheet (Ex. A8) against accused/appellant under Sec. 376/511 of IPC.