Decided on June 28,2013

Moru Mandal Appellant


Prafulla C. Pant, J. - (1.) THIS appeal, directed against the judgment and order dated 30.03.2011, passed by Additional District Judge/I Fast Track Court, Rudrapur, District Udham Singh Nagar, is received through Superintendent Sub -jail, Haldwani. The accused/appellant Moru Mandal has been convicted under section 376 and 506 IPC by the trial court, and he has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 22,000/ - under section 376 IPC, and simple imprisonment for a period of six months and directed to pay fine of Rs. 2,000/ - under section 506 IPC.
(2.) HEARD learned Amicus Curiae for the appellant, and learned counsel for the State. Prosecution story, in brief, is that on 08.03.2009, at about 5:00 p.m., P.W. 1 Sumati Gaeen (victim) aged eleven years was all alone in her house in Viveknagar, Transit Camp, Ward No. 2, Rudrapur. Her mother Laxmi Gaeen (P.W. 2) had gone out to her mother's place. Accused Moru Mandal who happens to be uncle of mother of the victim came in the house, and caught hold of the victim, and he committed rape on her, and threatened her of dire consequences if she dare to disclose about the incident. After the little girl was subject to rape, she started bleeding from her private parts. When her mother came back in her house at about 9:00 p.m., the girl disclosed horrifying incident to her. P.W. 2 Laxmi Gaeen gave first information report (Ex. A2) at Police Station Rudrapur (District Udham Singh Nagar) on the very day (08.03.2009) at about 11:00 p.m. On the basis of said report, Crime No. 105 of 2009, was registered against accused Moru Mandal relating to offence punishable under section 376 IPC. The investigation was taken up by P.W. 6 S.I. Lalit Mohan Joshi. The girl was taken for medical examination to Government Female Hospital, Rudrapur. P.W. 3 Dr. Tanuja Sinha, medically examined the girl, and prepared her report (Ex. A4). She referred the victim for radiological examination on which P.W. 4 Lalit Singh Toliya, Radiologist, on 09.03.2009, victim was aged between 12 -14 years, conducted radiological examination and opined that During investigation, the victim (Sumati Gaeen) was taken before the Judicial Magistrate, Rudrapur, Udham Singh Nagar, who recorded her statement under section 164 Cr.P.C. The girl narrated prosecution case before the Magistrate also, and told that her skirt and undergarment got soaked with blood. After completion of investigation, the Investigating Officer submitted charge sheet (Ex. A13) against accused Moru Mandal for his trial in respect of offences punishable under section 376 and 506 IPC.
(3.) THE Chief Judicial Magistrate, Udham Singh Nagar, 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. The trial court on 22.05.2009 after hearing the parties framed charge of offences punishable under section 376 and 506 IPC to which accused Moru Mandal pleaded not guilty and claimed to be tried.;

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