Decided on September 19,2012



- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 31.03.1999, passed by learned Special Judge/Additional Sessions Judge, Nainital, in Sessions Trial No. 185 of 1992, whereby said court has convicted the accused/appellant Jaswant Singh alias Jassu, under Section 376 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years.
(2.) Heard learned Amicus Curiae for the appellant, and learned Deputy Advocate General for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 04.03.1992, at about 3.00 p.m. accused/appellant Jaswant Singh alias Jassu S/o Swaroop Singh of Village Govindpur, picked up Ms. Sonu (victim) aged five years, and enticed away her from his village stating that he would leave her to her parents, about whom it was told that they were working in the field. On the way accused/appellant Jaswant Singh alias Jassu took the victim to the sugarcane field of one Gyan Singh, and committed rape on her. The little girl cried. On hearing her cry PW-3 Karam Singh along with PW2 Jaswant Singh S/o Hukam Singh rushed to the spot. On seeing them coming, the accused Jaswant Singh alias Jassu (S/o Swaroop Singh) ran away, leaving the girl at the spot. The aforesaid witnesses took Ms. Sonu (victim) to her uncle Prem Singh. The girl was bleeding from her private parts. On the very day, at about 7.30 p.m. PW4 Prem Singh I uncle of the victim) got lodged the First Information Report (Ex. Al), after getting the same scribed through PW1 Ravindra Joshi. On the basis of said report, Crime No. 201 of 1992, was registered, at Police Station Kashipur, against the accused/appellant Jaswant Singh alias Jassu, relating to offence punishable under Section 376 of I.P.C. On the very day, the little girl Sonu was taken to L.D. Bhatt, Hospital, where she was medically examined by PW6 Dr. P. Khanna at 10.00 p.m. who affirmed in the medical report (Ex A4) that there were injuries on the private parts of the girl (Sonu), which could be six hours old. PW9 Sub-Inspector Gajendra Singh investigated that crime, interrogated the witnesses and arrested the accused. The accused/appellant Jaswant Singh alias Jassu was also medically examined by PW8 Dr. S.N. Singh Chandel, who opined on basis of the swelling and abbrated contusion in the penis of the accused that the same could have been caused, while committing sexual intercourse with some virgin. On completion of investigation, the Investigating Officer, submitted chargesheet (Ex A9) against the accused/appellant Jaswant Singh alias Jassu for his trial in respect of offence punishable under Section 376 of I.P.C.;

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