V.K. Bist, J. -
(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 07.03.2002, passed by the Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 1998, whereby the said court has convicted accused/appellant Dhanesh under Section 376 read with Section 511 I.P.C. and sentenced to undergo five years' rigorous imprisonment and directed to pay fine of Rs. 2,000/ -. It has also been directed that out of the amount of fine, if realised, Rs. 1,000/ - shall be given to the victim P.W. 1 Km. Arti under Section 357(3) Cr.P.C. In default of payment of fine, the convict shall further undergo simple imprisonment for two months.
(2.) HEARD learned counsel for the parties and perused the lower court record. Prosecution story, in brief, is that on 29.10.1997 P.W. 2 Yudhvir Singh Rawat (father of the victim) (complainant) made a written complaint to the S.D.M. Pratap Nagar, stating therein that on that day, at about 07:30 p.m., his daughter, Km. Arti aged 8 years, was kidnapped by accused Dhanesh, who took her forcibly at a distance of few furlongs away from the village and there he attempted to commit rape upon her. On her scream, the villagers rushed towards the spot. Accused was found running naked and was caught in presence of Mahavir Singh, Vijai Singh, Bhola Singh and others. In the said complaint, the complainant requested to take strict action against the accused. Thereafter, the S.D.M., Pratap Nagar directed the S.H.O., PS. Tehri to enquire into the matter and register a case against the accused. On the basis of said report, Chik F.I.R. (Ext. A -2) was prepared and crime No. 56 of 1997 was registered in respect of offences punishable under Section 363, 376 and 511 of I.P.C. against the accused Dhanesh Singh Rawat. Investigation was taken up by P.W. 6 Hukum Singh Negi, who interrogated the witnesses and started investigation. After completion of investigation, the said Investigating Officer submitted charge sheet against the accused Dhanesh Singh Rawat, for his trial in respect of offences punishable under Section 354, 376 with 511 I.P.C.
(3.) THE Chief Judicial Magistrate, Tehri Garhwal, on receipt of the charge sheet, after giving necessary copies to the accused, as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. After hearing the parties on 31.01.1998, learned Sessions Judge, Tehri Garhwal, framed charge of offences punishable under Section 376 read with Section 511 of I.P.C., to which the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Km. Arti (the victim), P.W. 2 Yudhvir Singh (father of the victim) (complainant), P.W. 3 Head Constable Arjun Singh, P.W. 4 Dr. Meenu Rawat (Medical Officer), P.W. 5 Mahavir Singh and P.W. 6 Hukum Singh Negi (Investigating Officer). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he alleged that he has been falsely implicated. After hearing the parties, the trial court found the accused guilty of charge of offences punishable under Section 376 read with Section 511 I.P.C., and convicted him accordingly. The trial Court also directed that out of the amount of fine, if realised, Rs. 1,000/ - shall be given to the victim P.W. 1 Km. Arti under Section 357(3) Cr.P.C. In default of payment of fine, the convict shall further undergo simple imprisonment for two months. Aggrieved by said judgment and order dated 07.03.2002, passed by the Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 1998, this appeal is preferred by the convict.;