SURENDRA SINGH BISHT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is filed against the judgment and order dtd. 11/3/2013 passed by the first Additional Sessions Judge, Dehradun in Sessions Trial No. 125 of 2012 convicting the appellant under Sec. 376 and 363 IPC and sentenced him to undergo rigorous imprisonment of 10 years and to pay fine of Rs.25,000.00 and in default of payment of fine, to undergo additional imprisonment of six month under sec. 376 IPC; to undergo rigorous imprisonment of 2 years and to pay fine of Rs.5,000.00 and in default of payment of fine, to undergo additional imprisonment of one month under sec. 363 IPC.

(2.) Brief facts of the present case inter alia are that mother of the prosecutrix PW2 lodged an FIR to the effect that on 19/5/2012 at about 12.30 p.m., her daughter, aged about 13 years, was coming from school; when she reached about 150-200 meter away from the school, one person caught her and took her into bushes; he strangled her and bit on her chin; she felt unconscious; after gaining consciousness, she came towards her village wherefrom Mohan identifying her school uniform took her to the school. On the basis of complaint, FIR was registered. Investigation was conducted and charge-sheet was filed against the appellant. After committal of the case to the court of Sessions, Additional Sessions Judge, Dehradun framed charges to which accused pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, prosecution has examined PW1 Prosecutrix, PW2 mother of prosecutrix, PW3 Virendra, PW4 Rajni Lama, PW5 Santosh Sharma, PW6 Head Constable Lalit Joshi, PW7 Sub Inspector Deepika Rana, PW8 Dr. Mamta Pangtey, PW9 Sub Inspector Pradeep Negi.