Decided on August 23,2012



- (1.) This appeal has been preferred against the judgment and order dated 22.1.2000, passed by the Sessions Judge, Haridwar whereby the accused appellant Somchandra has been convicted for the offence under Section 376 IPC and sentenced to undergo ten years' rigorous imprisonment.
(2.) The relevant facts of the case are that Balak Ram (PW2), uncle of the prosecutrix, moved an application on 2.2.1996 to Deputy Superintendent of Police, Bhagwanpur Circle, with the averments that in the evening of 29.1.1996, his niece Km. Shashi had just returned to her home from the school. Her parents had gone to see the doctor. She was all alone in the house and was having meals in the kitchen. Noticing the solitary presence of his niece, accused Somchandra, a neighbourer, entered into the house and dragged her niece from kitchen to the room. Accused was in full cry to rape Km. Shashi. She tried to raise screams, but the accused gagged her mouth. On the strength of a knife, the accused threatened to kill her if she shouts any further. Thereafter making her bare, the accused mercilessly ravished Km. Shashi. In the meantime, her parents returned to home. One Smt. Leela, wife of 2 Ramdiya, also came at the place of occurrence. They apprehended the accused at the spot, but the family members of the accused got him freed at the physical strength. Police was approached, but it did not lodge the report. Hence, it was requested that a case of rape be registered against the accused and action as per law be initiated against him.
(3.) Subsequent to the above report Ex. A-1 of the complainant, police came into action on the orders of concerned Deputy Superintendent of Police. Necessary entries were made in the General Diary in the evening of 3.2.1996, and only thereafter the victim was taken by the police for medical examination on 4.2.1996. On that day, Dr. Smt. Ranjana Lumba (PW6) medically examined her at 12.30 pm and prepared the medical report Ex. A-2, wherein she reported that hymen of the victim was torn, old tears were present, her vagina was admitting one finger, uterus was anteverted and normal in size. The doctor found no injury over the private parts of the victim. For age determination of the victim, x-ray was advised.;

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