CHHABU RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal by a man, more than 60 years of age, who has been convicted of and sentenced for committing rape on his own minor grand-daughter (son's daughter). Grievance of the appellant is that the conviction is not justified in view of the contradictions, discrepancies and inconsistencies in the evidence of the prosecution and long delay in the lodging of the report.

(2.) The prosecutrix hails from a village in Tehsil Rampur. Her date of birth is 5-12-1989. Her parents often remain away from the village to work as labourers in forests located in far off areas. In June, 2003 also her parents were away from the house as they had gone to Chopal side to work as labourers in a forest. In their absence, the appellant is alleged to have committed rape on the prosecutrix on 29-6-2003, when she had gone to a forest adjacent to her village, to graze cattle. The appellant is also alleged to have gone to graze his cattle in the same forest on the aforesaid day. Thereafter,the appellant is alleged to have committed sexual intercourse with the prosecutrix on four more occasions. In September, 2003, the mother of the prosecutrix returned from Chopal side. She asked the prosecutrix to take the cattle to the forest for grazing, in the company of the appellant, her grandfather. It was a Sundary and the date was 14th. The prosecutrix refused to go with the appellant and when her mother insisted she (the prosecutrix broke down and narrated to her mother that she had already been raped five times by the appellant. The father of the prosecutrix was not at home those days.the returned on 17-9-2003. His wife, i.e. the mother of the prosecutrix, apprised him of what the prosecutrix had told her. On the next following day, i.e. September 18, 2003, the prosecutrix was taken to the Police Station, where she lodged the FIR. The prosecutrix was got medically examined and it was noticed that she was carrying 16 weeks pregnancy. The appellant was arrested. He too was got medically examined. The doctor did not find anything suggesting that he was not capable of committing sexual intercourse, The police collected the evidence in the form of entries in the Panchayat record and school admission record, pertaining to the date of birth of the prosecutrix and also recorded the statements of material witnesses, including the parents of the prosecutrix, and challened the appellant.

(3.) The trial Court charge-sheeted the appellant with the offence, under Section 376 of the Indian Penal Code. The appellant, when asked whether he pleaded guilty to the charge or claimed trial, he replied in the following words :