THEPAR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises from a judgment and order dated 28-10-1995 passed by Sri R. P. Singh, Sessions Judge, Tehri Garhwal in S. T. No. 37 of 1994 whereby he convicted the appellant under Section 376 I.P.C. and sentenced him to 7 years' R. I. and a fine of Rs. 3,000.00. In default of payment of fine a further sentence to 2 years' R. I. was also imposed on the appellant.

(2.) In brief the prosecution story is as under : On 12-11-1993 Km. Kalini (P.W. 4), daughter of Sunder Singh alias Moosa Singh reported to have pain in her abdomen.She was taken to a nurse by P.W. 1 Bhura Singh and P.W. 2 Kamal Singh.They were told by the nurse that she is carrying a child of 5-6 months in her womb and the pain is due to foetal movements and not for any other reason. The girl was brought back by these witnesses to her father's place. On an enquiry made from her she disclosed that in the month of Asarh in the evening while her parents were away from the house and she was carrying Dhaan for thrashing in the Okhal, the appellant, who is Headmaster in Junior High School, Garakot, forcibly took her into his room and criminally assaulted her. She was raped again 2-3 days after. She was told that she should not disclose this fact to any body else she would be killed. Being afraid of the threat she did not inform any person including her parents. It is further disclosed that the accused appellant promised to marry her. She disclosed that the child in her womb is of this appellant. She was aged about 16 years at that time.

(3.) A report was lodged at P. S. Deoprayag on 15-11-1993 at 5.45 P.M. This report is Ext. Ka-2. It was registered at the above said police station by Head Moharir Purshottam who prepared chick report (Ext. Ka-5). The G. D. entry of this report is Ext. Ka-6. All these formalities were completed in presence of P.W. 9 Genda Singh Verma, who investigated the case. The appellant was arrested on 16-11-1993. The investigation of the case was completed by P.W. 6 Ompal Singh. He recorded the statement of Km. Kalini at Nari Kiketan, Narendranagar, on 31-1-1994 nearly after 2-1/2 months. Her statement under Section 164 Cr. P.C. was also got recorded on 24-2-1994.