Decided on October 11,2012

Khushpal Singh Appellant


- (1.) 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 13.04.2010, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 25 of 2008, whereby said court has convicted accused/appellant Khushpal Singh under section 307, 376 and 506 IPC. The accused/ appellant Khushpal Singh has been sentenced to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 50,000/- under section 307 IPC, rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/- under section 376 IPC, and rigorous imprisonment for a period of one year and directed to pay fine of Rs. 500/- under section 506 IPC.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that P.W.4 Km. Pramila Singh moved an application under section 156 (3) Cr.P.C., before the Chief Judicial Magistrate, Uttarkashi, requesting for investigation in respect of the incident, alleged in the application. It is alleged in the application that on 04.02.2008, she (Pramila Singh) was attending the marriage ceremony in the house of one Ramraj Singh in her village. It is further alleged by her that accused Khushpal Singh at about 11:00 p.m., called her, and asked her as to where was she till then. Thereafter the accused/appellant Khushpal Singh enticed the girl and took in another house, and told her that he wanted to marry her. It is further alleged by the aforesaid girl that thereafter accused Khushpal Singh committed rape on her. She further stated that the accused threatened her of dire consequences if the incident was disclosed to anyone. The girl further stated in her application that due to fear she could not tell about the incident but when in June 2008, she came to know that she was pregnant through accused Khushpal Singh she disclosed about it to her parents. P.W.4 Pramila Singh further stated in her application that she was taken by her family members to District Hospital Uttarakashi, thereafter her family members called accused Khushpal Singh but he refused to come to see them. However, Vijaypal Singh (brother of the accused Khushpal Singh) came, and gave Rs. 20,000/- to the girl for getting the pregnancy terminated in Dharasu. Thereafter, the girl went to Dharasu in a nursing home but the nurse in said nursing home told her that since the pregnancy is in advance stage, as such it cannot be terminated. Accused Khushpal Singh already reached Dharasu. According the prosecution after the nurse told that pregnancy cannot be terminated the accused Khushpal Singh took the girl towards the Bhagirathi river in Dharasu, and pushed her into the river in an attempt to kill her, but the girl got stuck to a stone and some how could come out from the river Bhagirathi. She has stated in her application under section 156 (3) of Cr.P.C., that when she got conscious after coming out from the river, she found herself surrounded by a crowd. She further stated in her application that she was taken to District Hospital Uttarkashi, from where she was referred to Dehradun. She further stated that on 25.06.2008, she gave birth to still born child in women's hospital Dehradun. On 28.06.2008, she was discharged, and she had a certificate dated 02.07.2008, of birth of still born child. On 05.07.2008, she returned to her village in Uttarkashi. On 06.07.2008, accused Khushpal Singh and his brother Vijaypal Singh pressurized her for compromise, and again gave threat of dire consequences. On the application with the above allegations, the Chief Judicial Magistrate directed the crime be registered and investigated.;

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