Decided on December 04,2012

MAHENDRA Appellant


- (1.) One Jai Kishan s/o Kalyan Singh r/o Krishna Nagar Colony, wrote a complaint (Ext. Ka-1) to Chowki Incharge, IDPL, Rishikesh, on 01.01.2004, regarding the incident of rape committed with his daughter in the intervening night of 31.12.2003/01.01.2004. According to the informant, his daughter Nidhi was aged about five years. On 31.1.2003, at 10:00 p.m., she went to the temple, where a celebration was going on, on the new year's eve. Informant's neighbour Mahendra s/o Gurdeep Singh induced informant's daughter and took her to bush (clump of shrubs). Mahendra committed rape with Nidhi. Nidhi could not be found in the night, despite having made a frantic search for her. Nidhi came back to the house on 01.01.2004 at 5:00 a.m. She told that Mahendra met her in the temple. He offered biscuits to her and took her to bush. Mahendra opened her salwar (trousers) and committed rape with her. He kept her hand over her mouth while committing the crime. She fell unconscious. When Nidhi regained consciousness in the morning, she found bloodstains on her clothes. She also felt pain in her body. She somehow came back to her house and disclosed the incident to her parents. A chik FIR (Ext. Ka-3) was lodged against the accused Mahendra in Chowki IDPL, PS Rishikesh, District Dehradun on 01.01.2004 at 9:00 p.m., which was registered as case crime no. 1 of 2003/2004 under Section 376 IPC.
(2.) On the basis of said first information report, the investigation began. Investigating Officer PW 9 SI S.K.Pande was assigned the task of investigating the case. On 01.01.2004, PW 9 took the statement of informant Jai Kishan, prepared the memo (Ext. Ka-9) of clothes of victim, who was admitted in hospital, affected arrest of accused on the selfsame day, sealed his (Mahendra's) wearing apparels, memo (Ext. Ka-10) whereof was prepared and statement of the accused was taken. On 03.01.2004, PW 9 took the statement of PW 6 Smt. Lachi and obtained the medical reports of victim and accused. On 08.01.2004, PW 9 recorded the statement of Km. Nidhi (victim) and also got her statement under Section 164 Cr.P.C. recorded before the Magistrate. On 09.01.2004, PW9 took the statement of Smt. Radha, inspected the place of incident and on the pointing of victim, site plan (Ext. Ka-11) was prepared. PW 9 also prepared the recovery memo (Ext. Ka-2) of taking into possession of undergarment (underwear) and salwar (trousers) of the victim. On 03.03.2004, PW 9 recorded the statements of PW 8 Raju Kshetri, Shiv Mohan, Roop Singh Kshetri and Ramesh. On 03.03.2004, PW 9 submitted charge sheet under Section 376 IPC (Ext. Ka-12) against the accused. On having received the report of Forensic Science Laboratory, Agra, PW9 submitted the same in the Court.
(3.) When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 363, 366A and 376 (2) (f) IPC were framed against the accused Mahendra, to which he pleaded not guilty and claimed trial. As many as 9 prosecution witnesses were examined on behalf of the prosecution. They were- PW 1 Kumari Nidhi, PW 2 Jai Kishan, PW 3 Constable Ramesh, PW 4 Dr. Savita Uniyal, PW 5 Dr. S.K.Nautiyal, PW 6 Smt. Lachi, PW 7 Dr. Uttam Singh Kharola, PW 8 Raju Kshetri and PW 9 SI S.K.Pande. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he said that he was falsely implicated in the case. DW 1 Smt. Sumitra Devi and DW 2 Ajay Kumar were examined in defence. After considering the evidence on record, learned trial court convicted accused Mahendra for the offences punishable under Sections 363, 366A and 376 (2) (f) IPC and was sentenced appropriately. He was awarded life imprisonment and a fine of Rs. 3,000/- for the principal offence. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred. ;

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