Decided on March 04,2013

Himmat Ram, S/O Keshi Ram Appellant
State of Uttaranchal (Now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure 1973 (for short Cr.P.C.), is directed against judgment and order dated 29.06.2002, passed by learned Sessions Judge, Bageshwar, in Sessions Trial No. 16 of 2001, whereby said court has convicted the accused/appellant Himmat Ram under Section 376 and 506 of I.P.C., and sentenced him to rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 5000/- under Section 376 of I.P.C. and rigorous imprisonment for a period of three years under Section 506 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 18.09.1999, PW3 Basanti, aged 16 years was all alone in her house in Village Daboo, within the limits of Police Station Baijnath, in District Bageshwar. Her father PW2 Lalu Ram had gone to Gwaldam, and her mother PW4 Walpa Devi had gone to the field. At about 2.00 P.M. on said day accused/appellant Himmat Ram entered in the house of Lalu Ram and committed rape on Basanti. PW3 Basanti narrated the story to her mother on her return from the field. On the next day, when PW2 Lalu Ram came from Gwaldam, the mother and daughter disclosed the story to him. On 20th of September, 1999, PW2 Lalu Ram got dictated the First Information Report (Ex. A2) and gave it at Police Station Baijnath, at about 14:30 hours. On the basis of said report, Crime No. Nil of 1999, was registered at the police station relating to offences punishable under Section 376 of I.P.C., against the accused Himmat Ram (present appellant). The girl (Basanti) was taken to Community Health Centre, Bageshwar, where PW6 Dr. Usha Jangpangi medically examined her at about 04.00 P.M. on 20th of September, 1999. She (PW6 Dr. Usha Jangpangi) prepared the Medical Report (Ex. A7). She found that the external genitals of the girl were well developed. Pubic hairs were present and normal. There was no external injury over vulva or perineum region. Hymen was not intact. Vagina was wider and rooming. There was no tear on vagina. There was no bleeding or any discharge. In the opinion of the Medical Officer Basanti (PW3) was habitual to sexual intercourse. PW5 Sub Inspector Ganga Singh, who investigated the crime, got statements of the girl (PW3 Basanti) recorded by Civil Judge (Junior Division)/Judicial Magistrate, Bageshwar, under Section 164 of Cr.P.C. After completion of investigation, the Investigating Officer submitted charge sheet (Ex. A6) against the accused/appellant Himmat Ram for his trial in respect of offences punishable under Section 376 and 506 of I.P.C.;

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