KEDAR SINGH, S/O BHAWAN SINGH Vs. STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND)
HIGH COURT OF UTTARAKHAND
Kedar Singh, S/O Bhawan Singh
State of Uttaranchal (Now State of Uttarakhand)
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(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure 1973 (for short Cr.P.C.), is directed against judgment and order dated 26.04.2003, passed by learned Sessions Judge/Fast Track Court, Uttarkashi, in Sessions Trial No. 11 of 2001, whereby said court has convicted the accused/appellant Kedar Singh, 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. 10,000/- The trial court has further directed that in default of the payment of fine, the accused/appellant shall undergo further six months imprisonment.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 08.04.2001, PW2 Sunita, resident of Village Gair had gone for hoeing the field of potato in Maidanda. At about 2.00 P.M. accused/appellant Kedar Singh of same village came there and all of a sudden closed the mouth of PW2 Sunita with her CHUNNI (a piece of cloth) and dragged her in a pit/ravine. He (Kedar Singh) was armed with a sickle. The girl resisted with all her might and in the process suffered injuries on her person, but accused/appellant Kedar Singh succeeded in committing rape on her. In the process, the clothes of Sunita got torn. She came back to her house at about 3.30 P.M. with the torn clothes and in a bleeding condition. She disclosed about the horrifying incident to her sister Ms. Sheela (PW4) and to her mother. The message was sent to the PW1 Bachan Singh (father of the girl) who was a teacher in the school, in Barnigad. PW1 Bachan Singh took leave from her Head Master/Principal and came to his village on 09.04.2001. He took his daughter Sunita to nearest Primary Health Centre, where she was medically examined by PW3 Dr. S.K. Singh, who prepared the Injury Report (Ex. A2) recording as many as nine injuries found on her person. Since the girl complained of rape, she was referred to the Gynecologist of District Hospital Uttarkashi, for examination of her private parts. Thereafter, PW1 Bachan Singh on 11.04.2001, moved an application before the Chief Judicial Magistrate, Uttarkashi and obtained orders under Section 156 (3) of Cr.P.C., to get registered the case relating to offence punishable under Section 376 of I.P.C., against the accused/appellant Kedar Singh. Under orders of the Magistrate passed under Section 156 (3) of Cr.P.C., Crime No. 3 of 2001, was registered at Police Station Purola, relating to offence punishable under Section 376 of I.P.C., against the accused/appellant Kedar Singh on 13.04.2001. Thereafter, the girl was taken to District Hospital, Uttarkashi, where she was medically examined by the Gynecologist PW6 Dr. Sushma Joshi, who prepared a report (Ex. A6). For determination of the age of Sunita, she was referred to the radiologist. The radiologist gave its report (Ex. A7) with the opinion that the girl was aged between 16-17 years. After interrogation of the witnesses and inspecting the spot PW5 Bharat Singh Mahra the then Kanoongo of Tehsil Barkot, who investigated the crime submitted charge sheet (Ex. A5) against the accused Kedar Singh for his trial in respect of offences punishable under Section 376, 504 and 506 of I.P.C. (In Uttarakhand Hills in certain areas revenue officials are given police powers, including that of investigation).;
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