LAWS(UTN)-2009-4-2

SOHAN ALIAS SONU Vs. STATE

Decided On April 02, 2009
SOHAN @ SONU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 5.7.2003, passed by learned Sessions Judge, Dehradun, in Sessions trial No.60 of 2001, whereby accused appellant Sohan @ Sonu has been convicted under Section 376(2) of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The convict (appellant) is sentenced to undergo imprisonment for life and also directed to pay fine of Rs. 5,000, in default of payment of which he is further directed to undergo rigorous imprisonment for a period of six months.

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

(3.) Prosecution story, in brief, is that on 2.1.2001, Alkama Bano (PW2), a ten year old minor daughter of complainant Gulam Haidaf (PW 1) had gone to jungle to collect the woods along with her younger brother Raja and younger sister Kahkashan (PW3). Manija (PW4), aunt of the victim Alkama Bano (a minor girl) had also gone there. After sometime, accused appellant Sohan @ Sonu came there and told Alkama Bano, Kahkashan and Raja that he too would like to play with them. Meanwhile, Manija (PW 4) left the jungle. Thereafter, accused appellant Sohan @ Sonu asked Kahkashan to go to take the fire wood and taking benefit of Alkama Bano being all alone he made her to lie down on the ground, removed her garments and started raping her. As soon as Alkama Bano's younger brother and sister came back, he left the victim. Alkama Bano (PW2) told about the incident to her mother. Gulam Haidar (PW1), father of Alkama Bano, reached home at 3.00-3.30 p.m., and came to know that accused Sohan @ Sonu has committed rape on her daughter. He went to police station Raipur and lodged first information report on the very day i.e. 2.1.2001, at about 4.00 p.m. Immediately, the police started investigation, took the victim Alkama Bano to Medical Officer Dr. Asha Gupta (PW5), who medically examined the victim at 4.30 p.m. on the very day (2.1.2001). At the time of examination the Medical Officer found that the victim was bleeding from her vagina. Hymen of the victim was found ruptured. Tear about 3/4 cm in the midline of vaginal fourchette was found. The aforesaid Medical Officer got the surgery done with the help of Dr. Jain and the tear was repaired. After the X-ray reports were received, of knee, ankle, wrist and elbow joint, in her supplementary report PW5 Dr. Asha Gupta opined that the age of the girl was 10 years. After interrogating the witnesses and arrest of the accused, and on completion of the investigation, the Investigating Officer PW 7 Sub- Inspector R.B. Singh submitted charge- sheet (Ext.All) against the accused Sohan @ Sonu, for his trial in respect of offence punishable under Section 376 read with Section 411 of I.P.C.