RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is received from jail through the Superintendent, Sub Jail, Haldwani, District Nainital and is directed against the judgment and order dated 03.09.2013, passed by learned Sessions Judge, Nainital, in Sessions trial no. 124 of 2013, whereby appellant Raju was convicted under Section 376(2)(i) of IPC and was sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs. 5,000/-.

(2.) Heard learned counsel for the parties and perused the entire evidence on record.

(3.) Prosecution story, in brief, is that PW1 (complainant and mother of the victim) submitted a report (Ext. A-1) after scribing the same from Sanjay Arora, at P.S. Lalkuan, District Nainital, on 13.04.2013, stating therein that she used to live in the house of Raju, situated in Bai Basti, as tenant. On 13.04.2013, at 06:45 P.M., when she reached her room Smt. Madhu Devi (mother of the accused Raju) told her that Raju had committed rape with her daughter Km. 'X' (name withheld). When the complainant reached inside she found her daughter lying on the cot in unconscious state, victim was disrobed and she was complaining pain on her back portion, which indicates that the victim was subjected to carnal intercourse. The cot was found broken and faecal matter of the victim was lying on it.