VIPIN SARKHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 24-05-2006, passed by learned Sessions Judge, Nainital, in S. T. No. 116 of 2005, whereby the accused/appellant has been convicted and sentenced to undergo rigor ous imprisonment for seven years u/s 376 Indian Penal Code, 1860 and a fine of Rs. 5,0007 -. In default of payment of fine, the appellant shall further undergo imprisonment for six months.

(2.) THE facts of the case are that the informant Dhan Singh Bisht lodged a re port Ex. Ka. 3 on 09-05-2005 at about 1:00 p. m. at Parti Patwari Pandey Gaon, District Nainital, alleging therein that her mother (victim) aged about 70 years was all alone in her house on the date of the occurrence. It was further alleged that he had been working as a servant in the tea stall of Girish Chandra Belwal. While on duty, the informant received information from Mohan Chandra that the accused/ appellant had committed rape upon her mother. THEreupon, the informant went to his house and saw her mother weep ing. Seeing the informant, the accused/ appellant fled away from the spot. It was further alleged that the informant chased the accused/ appellant and ap prehended him after a distance of one km. It was further alleged that while committing the rape, the accused/appel lant closed the mouth of her mother and gave threats of dire consequences. THEreafter, the police started the inves tigation and the victim was taken to hospital for medical examination. After completing the investigation, the police submitted the chargesheet against the accused/appellant u/s 376 and 506 I. P. C.

(3.) THE accused/appellant was ex amined u/s 313 Cr. P. C. and he has pleaded not guilty to the offence. He has further stated that he has falsely been implicated in this case due to en mity.