ASHOK ALIAS PAPU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 21. 02. 2003, passed by learned Addl. Sessions Judge/1st F. T. C. /special Judge C. B. I. , Dehradun in S. T. No. 74 of 2002 whereby the appellant has been convicted & sentenced to undergo rigorous imprisonment for ten years under section 376 (2) (F) Indian Panel Code, 1860 and a fine of Rs. 5, 000/ -. In default of payment of fine the appellant shall further undergo R. I. for six months.

(2.) THE facts in nutshell are that the informant Jagdish had been working as a Mason whereas his wife Bachi Devi had been working in the bungalows of different persons and used to clean utensils and houses there. On 13/04/2002 at about 12:30 p. m. the informant Jagdish' Prasad, father of the prosecutrix lodged a report in the police station Cant, Dehradun alleging therein that on 11/04/2002, he and his wife had gone to discharge their duties leaving their daughter victim, aged about 8 years alone in the house. When they were out, the accused/appellant came to his house. THE victim was outside her house and the accused/appellant asked a glass of water from the victim. When the victim brought the glass of water from her house the accused/appellant also entered into house and thrown the glass of water brought by the victim. THEreafter the accused/appellant grounded the victim and forcibly committed sexual intercourse with her. When the mother of the victim Smt. Bachi Devi came to house after finishing her works she found her daughter (victim) in a precarious condition. She saw that blood was oozing from the person of her daughter. When she asked about the same, the victim narrated the entire incident to her mother. At about 5:00 to 5:30 the informant also came home from his work and his wife and daughter (victim) narrated the entire incident to him. THE victim was taken to Archana Nursing Home where she was admitted and doctor Archana Luthara gave her medical treatment. THEreafter the victim was taken to Doon Hospital where doctor Kiran Bist examined the victim and found that the victim was below the age of 12 years and she was subjected to sexual intercourse. THE matter was reported to the police and thereafter the matter was investigated. Salwar of the victim and underwear of the accused/appellant were taken into possession by the police. Both the garments had the spot of semens according to the chemical examiner report. After completing the investigation, the police submitted the chargesheet against the accused/appellant.

(3.) THE accused/appellant was examined 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.