SATISH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail appeal has been filed by the appellant against the judgment and order dtd. 25/1/2016 passed by FTC/Special POCSO Judge, Rudrapur, District Udham Singh Nagar in Special Session Trial No.95 of 2015, whereby the appellant/accused has been convicted under Ss. 376(2) and 366 of the Indian Penal Code (in short "IPC") and has been sentenced to undergo rigorous life imprisonment with a fine of Rs.50,000.00 (Rupees Fifty Thousand Only) under Sec. 376(2) of IPC, and to undergo rigorous imprisonment for a period of ten years with a fine of Rs.10,000.00 (Rupees Ten Thousand Only) under Sec. 366 of IPC, with default stipulation.

(2.) Brief facts of the case are that a first information report was lodged by the father of the victim on 13/3/2015 at 02:10 pm at Police Station Transit Camp, Rudrapur, District Udham Singh Nagar stating that the accused Satish who is the resident of Village "Seohara", District Bijnor, Uttar Pradesh is his tenant. Yesterday i.e. on 12/3/2015 his daughter who is about 11 years of age and is a student of Class V returned to her house at about 02:45 pm. At that relevant time, the accused was also in the same house as he was living in the tenanted accommodation. The accused took his daughter to his room where she was raped. His daughter raised an alarm and meanwhile, the wife of the complainant also reached the spot. His wife is an eyewitness to this dastardly act in which she caught the accused red-handed.

(3.) On the same day i.e. on 13/3/2015, the victim was first taken to "Mahila Helpline", by the police where her statement was recorded by the "Mahila Helpline". On being questioned by the Helpline, she said that she is a student of Class V and they have a tenant in their house by the name of Satish, who from time to time also gives tuition to her. Yesterday i.e. on 12/3/2015, she returned from her school at about 02:00 in the afternoon. Her mother was not in the house and only her brother Rohan was in the house. She then says that at about 04:30 pm the accused Satish, on the pretext that he would show her something, took her to his room, where she was pushed on a bed and then the accused started "misbehaving" with her. First her "salwar" was taken off and then Satish climbed on top of her, after dropping off the towel he was wearing. The victim kept on shouting and pleaded with the accused to have mercy, but in vain. She then says that she has been wronged. Meanwhile her mother also came to the spot and the accused ran away.