MAHESH SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 16. 03. 2002, passed by learned Sessions Judge, Tehri Garhwal in S. T. No. 17 of 2000, whereby the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years under section 376 Indian Panel Code, 1860 (for brevity as I. PC.) and a fine of Rs. 10, 000/ -. In default of payment of fine, the accused/appellant shall further undergo one year R. I. The accused/appellant was also convicted and sentenced to undergo six months R. I. u/s 323 I. P. C. and a fine of Rs. 1, 000/ -. In default of payment of fine, the appellant shall further undergo one month S. I. It was further directed that both the sentences would run concurrently.

(2.) BRIEF facts as emerges from the record are that the victim went to her cat tle shed at about 10:00 a. m. on 26/03/2000 to feed her buffaloes. The accused/appellant suddenly emerged there and caught hold of the victim, took her inside the room and compelled her to lie down on the ground. The victim raised alarm and also resisted the accused/appellant to commit the forcible sexual assault on her. The accused/appellant also gave her beat ing and compelled her to submit her to his barbarous desires. Thereafter, the accused/appellant committed rape upon the victim and threatened her that if she would dis close this fact to anybody she would be killed. During the course of the commis sion of the offence, the victim had suffered several injuries on her person and her clothes were also torn to some extent. During the course of the offence, the vic tim became unconscious and after regain ing consciousness, she left for home and narrated the entire incident to her mother-in-law and jethani Smt. Lakheri Devi. There was no male members in the house of the victim, therefore, the victim went to her parental house on the next day morning and narrated the entire incident to her brother Kishore Kumar. Kishore Kumar scribed the report and brought the victim in the office of S. D. M. Pratapnagar where a report was submitted on 27/03/2000. Thereafter, the Naib Tehsildar who as holding the charge of S. D. M. directed the Patti Patwari Budkot to register the case and do the needful in accordance with the law. The report was lodged with the Patti Patwari and the victim was medi cally examined by the doctor on 28/03/2000. The Patti Patwari also brought the victim before the S. D. M. on 03/03/2000 where her statement u/s 164 Cr P. C. was recorded. The Patti Patwari also recorded the statement of the victim u/s 161 Cr. PC. and prepared the site plan of the place of the occurrence. After completing the in vestigation, the Investigating Officer sub mitted the chargesheet before the court concerned.

(3.) AFTER recording the entire evidence, the accused/appellant was examined u/s 313 Cr. PC. and he denied the entire evi dence and pleaded that he has been falsely implicated in this case due to en mity. He has further stated in his state ment that on the date of occurrence Puja ceremony was going on nearby the tem ple where 150 people were assembled. He has further stated that there is a High School, Basic School and Panchayat Hall where teachers and people used to reside.