V.K. Bist, J. -
(1.) THIS appeal preferred u/s. 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 21.04.2001 passed by the Sessions Judge, Uttarkashi in Sessions Trial No. 16 of 1999 State v. Puran Lal whereby the learned Sessions Judge has convicted the appellant accused Puran Lal under Section 376 and 324 of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced him to undergo seven years' rigorous imprisonment with a fine of Rs. 500/ - for the offence punishable u/s. 376 I.P.C. and six months rigorous imprisonment under Section 324 I.P.C. It was directed that both the sentences shall run concurrently. The prosecution case, in brief, is this that on 16.02.1999 at 23:30 p.m., the complainant Sabu (PW -3) lodged a report at Police Station Purola, District Uttarkashi scribed by PW -5 Jagmohan that on 15.02.1999 in the morning hours, his granddaughter Km. Nirmala D/o. Jatni Lal Arya, resident of village Saundari, P.S. Purola accompanied with her siblings, i.e. sister and brothers, namely Km. Rekha, Anil Kumar and Sunil Kumar had gone to the house of her maternal uncle, namely Mima Lal, residing in village Dhadhung to attend Shivratri fair. On 16.02.1999 in the evening, when the victim Km. Nirmala returned home from her school, her grandfather found multiple injuries in her person and when he inquired about the cause of injuries, she disclosed that on 15.02.1999 at about 10.00 p.m. when she proceeded for sleep in the house of Mima Lal at that moment her sister and brothers were also with her. Then they asleep. On that day at about 11:00 p.m., the appellant/accused Puran Lal, who was already present in the house of Mima Lal, knocked the door and asked to open the door, and when she opened the door, the appellant/accused first of all pounced on her in order to outrage her modesty and sexually assaulted her. She cried and shrieked, but the appellant/accused closed her mouth with his hand and forcefully committed rape on her. Due to fear, she did not disclose the incident to anyone and reached her home through her school. On being inquired by her grandfather for the cause of the injuries, she disclosed him the incident of rape committed upon her by accused Puran Lal. The complainant, accompanied with his granddaughter, rushed to the Police Station -Uttarkashi to lodge the F.I.R. The F.I.R. is Ext. Ka -1 on record. On the basis of the written report, Chik First Information Report Ext. Ka -5 was prepared by Head Constable Madan Mohan in the Police Station on 16.02.1999 at 11:30 p.m. The distance of the place of occurrence is shown about 10 kms. away from the Police Station. An entry was made in the General Diary, a copy of the G.D. is Ext. Ka -6 on the record. The bloodstained trouser of the victim, which she wore at the time of incident, was taken into possession.
(2.) KM . Nirmala, the victim was medically examined firstly, by PW -4 Dr. Rajni Kapoor on 17.02.1999 at about 12:15 p.m. at Govt. Female Hospital Purola, District Uttarkashi. She prepared the injury report Ext. Ka -3. For ascertaining her age, the victim was produced before the Chief Medical Officer, Uttarkashi. The victim was X -rayed, and on the basis of the report of Radiologist, he submitted report Ext. Ka -7 ascertaining the age of victim as 17 years. The victim was also undergone Pathological examination. The investigation of the case was entrusted to S.I. Munna Lal Chauhan, Investigating Officer, who during the course of the investigation, recorded statements of the witnesses and after spot inspection, prepared a site -plan of the place of occurrence, which is Ext. Ka -8 on the record. The Investigating Officer, after completing the investigation, has filed charge sheet on 07.03.1999 against the accused Pural Lal for the offence punishable u/s. 376/323/506 I.P.C. The charge sheet is Ext. Ka -12 on the record.
(3.) LEARNED Judicial Magistrate, Purola on receipt of the charge sheet, after giving necessary copies to the accused, as required u/s. 207 Cr.P.C., committed the case to the Court of Sessions for trial on 11.10.1999 under Section 209 Cr.P.C.;