RAVI DAS S/O RAMESH DAS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-3-187
HIGH COURT OF UTTARAKHAND
Decided on March 21,2013

Ravi Das S/O Ramesh Das Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, moved on behalf of the accused Ravi Das got sent through Superintendent District Jail Dehradun, is directed against the judgment and order dated 15.07.2008, passed by Additional Sessions Judge/Ist Fast Track Court, Rudrapur, Udham Singh Nagar, in Sessions Trial No. 208 of 2006, whereby said court has convicted the accused/appellant Ravidas under section 376 of I.P.C., and sentenced him to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/-. In default of payment of fine the convict has been directed to undergo further imprisonment for a period of six months by the trial court.
(2.) Heard learned Amicus Curiae for the appellant, and learned counsel for the State, and also perused the lower court record.
(3.) Prosecution story, in brief, is that PW4 Ms. Nikita was aged about four years, and accused Ravidas (appellant) was aged about sixty years who used to live in her neighbourhood in the village Tagore Nagar, within the limits of Police Station Sitarganj in District Udham Singh Nagar. On 18.06.2006, at about 11.00 am, he took Ms. Nikita, with him by giving her allurement that he would give her EGG and SAMOSA. PW1 Parwati, mother of PW2 Ms. Nikita heard shrieks on her daughter and went to the house of accused Ravidas, who was committing rape on her. The accused Ravidas on seing PW1 Parwati got up and threw the girl on the ground from the cot. Since PW1 Parwati was all alone in her house she waited till her father in law, who was a carpenter came back in the house in the evening. Thereafter she got dictated First Information Report (Ex-A1) and gave it at Police Outpost Shakti Farm of Police Station Sitarganj, on the very day. On the basis of said report Crime No. 970 of 2006 was registered at Police Station Sitarganj, against the accused Ravidas in respect of offence punishable under section 376 of I.P.C. PW5 Sub Inspector K.R.Pandey took up the investigation. The little girl was medically examined by PW2 Dr. Titiksha of female hospital Sitarganj. She observed in her report (Ex-A3) that Ms. Nikita might be victim of attempted rape as the tenderness was found in vulval region and out side the hymen area. As to the age of the girl she advised X-ray of elbow and wrist of the girl. No sign of violence in the form of bruises or laceration was found on the person of the girl. Only on the local area oedema of tenderness was found present. Supplementary reports (Ex-A4 and Ex-A5) prepared by PW2 Dr. Titiksha, after receiving the X-ray report and pathological report show that the age of the girl (Nikita) was between 3 to 5 years, and no dead and alive spermatozoa seen. After interrogating the witness and inspecting the spot, the Investigating Officer submitted charge sheet (Ex-A7) against accused Ravidas for his trial in respect of offence punishable under section 376 of I.P.C.;


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