Decided on August 02,2013

Satya Prakash S/O Shiv Charan Appellant


- (1.) This Appeal, Preferred Under Section 374 Of Code Of Criminal Procedure, 1973, Is Directed Against Judgment And Order Dated 02.11.2011, Passed By Learned Sessions Judge, Udham Singh Nagar In Sessions Trial No.149 Of 2011, Whereby The Said Court Has Convicted The Accused/Appellant Satya Prakash Singh Under Sections 366 And 376 Of Indian Penal Code, 1860 (For Short I.P.C.). He Has Been Sentenced To Rigorous Imprisonment For A Period Of Five Years Under Section 366 Ipc, And Rigorous Imprisonment For A Period Of Seven Years Under Section 376 Ipc.
(2.) Heard Learned Counsel For The Parties, And Perused The Lower Courtrecord.
(3.) Prosecution Story In Brief Is That The Accused/Appellant Satya Prakash Singh Who Was A Painter Used To Come To The House Of Pw1 Kavita Kaur (Victim) In Village Kilawali. On 14.04.2011 In Early Hours Between 3.00 A.M. 04.00Am., The Girl (Pw1) Had Gone To Ease Out Herself From Her House In A Field When Accused Satya Prakash Singh Abducted Her Took On A Moter Bike To His Relatives' House. The Prosecution Case Is That The Accused/Appellant Satya Prakash Singh Committed Rape On The Abducted Girl. The Girl Remained With The Accused For A Period Of One Week. Meanwhile, On 15.04.2011, Girl's Father Pw-2 (Ramesh Singh) Lodged First Information Report (Ex. A2) At Police Station Kunda (Tehsil Jaspur) Against The Accused/Appellant Satya Prakash Singh Stating Therein That He (Satya Prakash Singh) Enticed His Daughter. It Is Also Mentioned That His Nephew Gurjeet Singh (Pw3) Saw The Accused Taking The Girl. It Is Also Mentioned In The First Information Report That Girl Was Minor Aged About 15 Years. On The Basis Of The Said Report, Fir No.35 Of 2011 Was Registered Against The Accused/Appellant Satya Prakash Singh Relating To Offences Punishable Under Sections 363 And 366 Ipc At Police Station, Kunda, And Investigation Was Taken By Pw5 Sub Inspector Rajesh Singh. After About A Week On 21.04.2011, The Accused (Satya Prakash Singh) Was Apprehended By Investigating Officer Alongwith The Girl. Thereafter, The Girl (Victim) Was Medically Examined By Pw6 (Dr. Archana Chauhan). She (Victim) Was Then Taken To Magistrate Before Whom She Told Thatrape Was Committed By Accused, And Her Statement Was Recorded Under Section 164 Of Cr.P.C. She Was Also Taken To Radiologist For Determination Of Her Age. Slides Of Smear Of Sperm Of Victim Were Sent To The Pathologist By Pw6 (Dr. Archana Chauhan). The Said Medical Officer (Dr. Archana Chauhan) Prepared Her Supplementary Medical Report After Receiving Pathological Examination Report And Radiological Examination Report, And Opined That The Girl Was Aged More Than 18 Years, And She Was Habitual Of Intercourse. However, Investigating Officer, After Interrogating The Witnesses, Filed Charge Sheet (Ex. A8) Against The Accused/Appellant Satya Prakash Singh For His Trial, In Respect Of Offences Punishable Under Sections 363, 366 And 376 Ipc.;

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