MANTHA SINGH S/O MURARI SINGH Vs. STATE OF UTTARAKHAND AND ORS
HIGH COURT OF UTTARAKHAND
Mantha Singh S/O Murari Singh
State of Uttarakhand and Ors
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(1.) This appeal, under Section 372(2) Cr.P.C. is directed against the judgment and order dated 17-12-2012, passed by Additional Sessions Judge, Tehri Garhwal, in Sessions Trial No. 28 of 2011, State versus Mantha Singh, whereby the accused Mantha Singh has been convicted U/S 376 read with Section 511 I.P.C. and he was sentenced to undergo R.I. for five years and to pay a fine of Rs. 10,000/- and in default of payment of fine to further two months' imprisonment.
(2.) The prosecution case in brief is that complainant Man Singh lodged written report before Naib Tehsildar Deoprayag to the effect that on 5-12-2010 when his daughter Km. Deepankshi aged five years at about 4.30 p.m. was playing near Basic School along with the village children, his neighbour Mantha Singh, enticed his daughter and giving her the greed of toffee carried her in the school and committed forcible rape upon her. The information of the incident was given by his daughter to her mother Smt. Geeta Devi. The complainant brought his daughter to Base Hospital Sringar in the night of 5.12.2010 and on 6.12.2010 she was medically examined. The complainant tried to lodge the report of the incident at Police Chauki Hindolakhal and when he was informed that the matter relates to revenue area, then the report was lodged with the Naib Tehsildar.
(3.) On the basis of written report, Ext. Ka.1, the chick F.I.R. Ext. Ka.4 was prepared by the Naib Tehsildar and a case crime No. 01/2010, U/Ss 376, 354/511/506 I.P.C. was registered against the accused. During investigation the I.O. prepared site-plan, Ext. Ka.6. The I.O. also taken custody of Paijama worn by the prosecutrix and prepared recovery memo, Ext. Ka.2. After completing the investigation the I.O. has submitted charge sheet U/Ss 376, 354, 511, 506 I.P.C., Ext. Ka.7, against the accused.;
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