ABDUL HAMID S/O RAHMATULLAH Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant 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 16.09.1992 passed by Assistant Sessions Judge, Pauri Garhwal in S.T. No. 15 of 1990, State v. Abdul Hamid, whereby the learned Assistant Sessions Judge has convicted the appellant/ accused under Sections 376/324 and also Under Section 506 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). Appellant/accused was sentenced to ten years' rigorous imprisonment with fine of Rs. 2,000/- Under Section 376 IPC and in default of payment of fine, six months' further R.I. was awarded. Appellant/accused was further sentenced to six months' R.I. Under Section 324 IPC. He was further sentenced to six months' R.I. Under Section 506 IPC. All the sentenced were directed to run concurrently.

(2.) I have heard Sri H.S. Rawal, learned amicus curiae for the appellant and Sri M.A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Khudabaksh (P.W.2) lodged an FIR on 1.3.1990 stating therein that since last 10 years he was taking garden of Santap Singh on contract. He along with his family also used to reside there. On 22.2.1990 he went to Satpuli and after returning on 28.2.1990 he was informed by his wife that appellant/accused Hamid, who was living in the Mango Garden of Balwant Singh, had taken his (complainant's) daughter Km. Naima in a wheat field on 22.2.1990 at 12:00 P.M. when she had gone for easiness. There, the appellant/accused committed rape with her. On the alarm raised by the victim, complainant's eldest daughter Nasima and wife Smt. Niyazin reached on the place of occurrence and could manage to save the victim from the clutches of appellant/accused. It was further stated that the appellant/accused also poured some liquid substance upon the victim due to which she received injuries on her breast. Appellant/accused also threatened that in case the FIR is lodged, then he would finish the entire family. Due to threat, complainant's family members could not lodge the report. With the same averments, the FIR Ex.Ka-1 was lodged on 1.3.1990 at 1:30 A.M. at P.S. Kotdwar, Distt. Pauri Garhwal by P.W.2 Khudabaksh, father of the victim. On the basis of this FIR, Chik FIR was prepared by H.M. Roop Chand Tyagi, i.e. Ex.Ka.4. The necessary entry was also made in the G.D., the carbon copy of which is Ex.Ka-5. The investigation of this case was entrusted to P.W.5 S.I. Janeshwar Singh. The victim Km. Naima was sent for the medical examination and her medical examination was conducted on 1.3.1990 at 3:30 P.M. by P.W.4 Dr. Usha Ramola, the medical report is Ex.Ka-2. Supplementary medical report is Ex.Ka-3. The I.O. during the course of investigation inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-6. The I.O. also took in his possession the frock of the victim and prepared a Fard, i.e. Ex.Ka-7. During the course of investigation, the I.O. recorded the statements of witnesses and after completing the investigation, he filed the charge sheet against the appellant/accused in the court, i.e. Ex.Ka.8.