VIRENDRA TARA CHAND Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 05.12.1996 passed by the Sessions Judge, Dehradun in Sessions Trial No. 119 of 1996, State v. Virendra @ Tara Chand, whereby the learned Sessions Judge has convicted the appellant/accused Under Section 376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to ten years' rigorous imprisonment with fine of Rs. 2,000/-. The appellant-accused was further convicted Under Section 366 IPC and was sentenced to five years' R.I. with fine of Rs. 1,000/-. Both the sentences were directed to run concurrently. In case of default of fine imposed Under Section 376 IPC, R.I. for a term of one year and in case of default of fine imposed Under Section 366 IPC, six months' R.I. was further awarded.

(2.) I have heard learned Counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant (P.W.3) Shankar lodged an FIR stating therein that on 2.3.1996 at about 7:00 PM, the appellant-accused Virendra @ Tara Chand came in his house and enticed away his daughter Km. Rupa, who 1'was aged about 6-7 years, on the pretext of giving Namkin, who was seen by the complainant's wife and neighbourer Smt. Parvati Devi and they also informed about the same to the complainant. The appellant- accused took the victim behind the cremation ground where he committed rape with her. On hearing the cries, the complainant along with his wife as well as the residents of locality namely Jhungru, Shankar, Ram Chander Yadav and other persons reached on the spot and saved the complainant's daughter from the appellant-accused. By that time, police of Lakhi Bagh Chowki also reached there, by whose help, the appellant-accused was caught on the spot. It was also stated by the complainant that his daughter was bleeding profusely. With the same averments, the FIR Ex.Ka-1 was lodged by P.W.3 Shanker on 2.3.1996 at 8:45 PM at Kotwali Dehradun. On the basis of the FIR (Ex.Ka-1), Head Moharrir Shyam Lal prepared the Chik FIR of the case, i.e. Ex.Ka-5. In the same process, entry was also made by him in the G.D., the carbon copy of which is Ex.Ka-6. The investigation of this case was entrusted to P.W.6 S.I. Prem Shankar Sharma. Victim Km. Rupa was medically been examined on 2.3.1996 at 9:45 PM by Dr. Renuka Naithani (PW4) who after the medical examination prepared the medical report Ex.Ka-3. On receipt of the vaginal smear report, the same medical officer also prepared the supplementary report of victim, i.e. Ex.Ka-4. The I.O. took in his possession the bloodstained Skirt (GHAGHRA) of the victim Km. Rupa into possession and prepared the Fard, i.e. Ex.Ka-2. During the course of investigation the I.O. inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-7. The I.O. during the course of investigation, recorded the statements of witnesses, and after completing the investigation, submitted the charge sheet against the appellant/accused in the court, i.e. Ex.Ka-8. It is imperative to mention here that the recovered skirt of victim was sent to the Scientific Laboratory, Agra by the order of CJM, Dehradun, i.e. Ex.Ka-9. The report given by the Assistant Director/Scientific Officer, Scientific Laboratory, Agra is on record which is Ex.Ka.10, a perusal of which shows that on the skirt of the victim, sperms, human blood and human semen were found.