SHIV RAM S/O LACHHI RAM Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-207
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

Shiv Ram S/O Lachhi Ram Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal has been filed by the accused/appellant directly from jail, through Superintendent of Jail, District Jail, Almora against the judgment and order dated 22.02.2008 passed by Sessions Judge, Champawat in Sessions Trial No. 16 of 2006 'State vs. Shiv Ram', whereby accused/ appellant Shiv Ram has been convicted under Sections 376 and 506 (2) of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 25,000/- under Section 376 I.P.C., and in default of payment of fine additional imprisonment for two years and rigorous imprisonment for two years under Section 506 (2) I.P.C. It was directed that both the sentences shall run concurrently.
(2.) The facts, leading to the appeal, are that on 18.08.2006 the victim Km. Kamla, aged 14 years daughter of Shiv Ram (accused) lodged a report (Ext. A-1) with the Kotwali, Champawat with the assertion that she is the daughter of the accused Shiv Ram. It is alleged in the F.I.R. that she is being sexually assaulted and being raped by her father since five months and rape has been committed five times. It is further alleged that by threatening her, the accused has committed rape upon her 15-20 days before. On being resisted by her and her mother, she was also beaten and threatened to be killed. On account of jittery and in order to hide herself, the complainant took shelter in jungle, in trees and in the village. To protect herself, though with acute difficulty, with the help of well-wishers of the village she lodged the written report. On the basis of report, a case crime no. 245 of 2006 was registered and an F.I.R. (Ext. A-5) was lodged against the accused Shiv Ram under Section 376/506 I.P.C. and an entry was made in the General Diary (Ext. A-6). Investigation of the case was taken up by the S.H.O., namely, R.S. Toliya (PW-9) who during investigation, recorded statements of the witnesses and after making spot inspection, prepared site plan. On 19.08.2009 at 7:45 p.m., medical examination of Km. Kamla was conducted by PW-4 Dr. Prabha Joshi at Public Health Centre, Champawat. The doctor in medical examination (Ext. A-3) found that there was no injury over thigh and ext. genitalia, no secretion and blood over genitalia was found, two fingers can be introduced easily on P/V examination without pain or discomfort. She found menstruating female LMP-25 days back. She opined that the victim was habitual to sexual intercourse. The victim was referred to District Hospital, Pithoragarh for confirmation of age by X-ray device. Vaginal smear slide was given for examination in District Hospital, Pithoragarh. PW-6 Dr. Narendra Sharma, Pathologist conducted pathological examination of the slides. In his report, the Pathologist mentioned that after staining and examination of the smear, he found number of epithelial cells visible in both the smears. Only 1-2 dead spermatozoa were visible in the whole smear.
(3.) Statements of the Km. Kamla-the victim under Section 164 Cr.P.C. were recorded by Sub Divisional Magistrate, Pati, District Champawat on 22.08.2006. In her statement, she stated that about 5-6 months before, date of which is not known, her father first time committed rape upon her in the jungle of Khola. At the time when the incident was caused, she had gone to jungle alognwith her father for cutting grass. Suddenly her father caught hold of her and forcefully torn her clothes. When she resisted, she was beaten and was raped. The incident took place near about 8:00-9:00 a.m. and nobody was there at the site. Her father has forcefully committed rape five times upon her till 22.08.2006 and she apprehends that in case she returns her home, she will again be compelled and subjected to sexual assault and be murdered. Her mother is well acquainted with the fact, but besides being persuaded by her mother, her father ignores and beats her mother. At present, she is residing with Keshav Ram, her cousin, but he is not intending to keep her with him. She requested to provide security and facility for managing her further education. She determined not to return back to her father's house.;


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