Decided on November 26,2013



Sudhanshu Dhulia, J. - (1.) THIS is a jail appeal arising out of judgment and order dated 14.10.2011 passed by learned Additional Sessions Judge/IVth F.T.C., Dehradun in Session Trial No. 196 of 2010, State v. Bhagat Singh whereby the accused/appellant has been convicted under Section 376/506 of I.P.C. and sentenced for ten years of rigorous imprisonment for the offence punishable under Section 376 of I.P.C. and rigorous imprisonment for five years for the offence punishable under Section 506 of I.P.C. This is a jail appeal and there was no one to represent the appellant. Hence, this Court appointed Mr. Tapan Singh, Advocate, as Amicus Curiae to assist this Court on behalf of the appellant, who assist this Court to the best of his ability, but later on this Court also called for the assistance of Mrs. Pushpa Joshi, Senior Advocate as Amicus Curiae to assist the Court. They have done their best to assist the Court in the present matter.
(2.) WHAT complicates the matter and has thereby caused an extended hearing in the matter is this: The victim at the time of the alleged crime was 80 years old woman and the accused was 55 years old man, who is said to have committed this rape. But this is not all; the accused is also the son of the victim!
(3.) THE First Information Report was lodged on 16.07.2010 by the prosecutrix - Smt. Maina Devi alleging therein that on the intervening night i.e. 14/15.07.2010, when she was raped by her son (appellant -Bhagat Singh) twice on that fateful night with whom she was residing, and thereafter he threatened her of dire consequences, if she dared to report about the incident to anyone. Her grandson - Raju, who generally stays out from the house due to the nature of his work, came to the house on 16.07.2010, when she (victim) narrated the incident to him and thereafter with the help of her grandson she has lodged the First Information Report against the accused/appellant. Her evidence was recorded under Section 164 of Cr.P.C. before the Magistrate where she said that she has been raped by her son and she did not need to say anything more. The accused/appellant was arrested on 18.07.2010 and since then he is in jail.;

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