Prafulla C. Pant, J. -
(1.) HEARD . This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.,) is directed against the judgment and order dated 03.07.2010, passed by, Sessions Judge, Bageshwar, in Sessions Trial No. 01 of 2010, where by the said court has, convicted the accused/ appellant Hayat Singh, under Section 376 and 452 of I.P.C. The convict has been sentenced under Section 376 I.P.C. to rigorous imprisonment for a period of ten years, and directed to pay a fine of Rs. 10,000/ - in default of payment of which,' he Is further directed to undergo one year's simple imprisonment. He has been sentenced under Section 452 of I.P.C. to rigorous payment of which, he is required to undergo six months simple imprisonment.
(2.) HEARD learned counsel for the parties, and perused the lower court record, Prosecution story, in brief, is that on 30.11.2009, at about 9.00 p.m. PW -1 Ms. Geeta, aged 15 years, came out of her house in Village Talli Dwari, to ease out herself. She was caught by accused/appellant Hayat Singh, who took her to another room of her house and committed rape on her. While, the accused/appellant was committing rape, the girl shouted for help, on which, PW -2 Hansi Devi (sister -in -law of victim), PW -5 Maghan Singh (complainant and father of the victim) and Anandi (mother of the victim) came and started knocking doors of the room, where the victim was subjected to rape. Accused/appellant Hayat Singh escaped by pushing the mother of the victim after opening the door. On 01.12.2009, PW -5 Maghan Singh attempted to get lodged report with the Patwari of the area. (In Uttarakhand hills certain Revenue Officials are given police powers). However, when even after repeated visits, no report was registered, he (PW -5 Maghan Singh) went to Police Station -Bageshwar, and got lodged the First Information Report on 06.12.2009 (Ex.A5). On the basis of said report, Crime No. 82 of 2009, was registered, relating to offences punishable under Section 376 and 452 of I.P.C., against the accused/appellant Hayat Singh. PW -7 Sub -inspector Bhagwati Prashad Bist took up investigation. He got the victim medically examined on the very day i.e. 06.12.2009, in District Hospital, Bageshwar. Statement (Ex.A1) of the girl was got recorded on 09.12.2009, before the Magistrate under Section 164 of Cr.P.C. On radiological examination by PW -4 Dr. Khempal, the girl was found aged between 14 -16 years. The Investigating Officer, after interrogating the witnesses, and on completion of investigation, submitted charge sheet (Ex. A 10) against the accused/appellant Hayat Singh for his trial, in respect of offences punishable under Section 376 and 452 of I.P.C.
(3.) THE In -charge Chief Judicial Magistrate, Bageshwar, on receipt of the charge sheet, and after giving necessary copies to the accused, as required under Section 307 of, Cr.P.C. committed the case to the court of Sessions for trial. Learned Sessions Judge, Baqeshwar, on 28.01.2010, after hearing the parties, framed charge of offences punishable under Section 376 and 452 of I.P.C., against the accused/appellant Hayat Singh, to which, the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW -1 Ms. Geeta (Victim), PW -2 Hansi Devi (sister -in -law of the victim), PW -3 Dr. Reema Upadhyay (who conducted medical examination of the victim) PW -4 Dr. Khem Pal (Radiologist), PW -5 Maghan Singh (complainant and father of the victim), PW -6 Head Constable of Police Dev Nath (who prepared check report of F.I.R.) and PW -7 Sub -Inspector Bhagwati Prasad Bist (Investigating Officer). Oral and documentary evidence was put to the accused under Section 313 Cr.P.C., in reply to which, he alleged that due to enmity false evidence has been adduced. However, no evidence in defence was got recorded. The trial court after hearing the parties found that charge of offences' punishable under Section 376 and 452 of I.P.C. has been proved beyond reasonable doubt against the accused/appellant Hayat Singh. Accordingly, he was convicted and after hearing of sentence, sentenced to rigorous imprisonment for a period of ten years, and directed to pay a fine of Rs. 10,000/ - under section 376 of I.P.C., and rigorous imprisonment for the period of five years and directed to pay a fine of Rs. 5000/ - under Section 452 of I.P.C. Aggrieved by said judgment and order dated 03.07.2010, passed by Sessions Judge, Bageshwar, the convict preferred this appeal.;