Decided on May 14,2013

Rajendra Prasad Chandrawal Appellant


- (1.) Appellant Rajendra Prasad Chandrawal, a revenue officer officiating as Nayab Tehsildar, is before us challenging the judgment and order of conviction dated 25/27.2.2012, rendered by the Sessions Judge, Chamoli in Sessions Trial No. 5/2008, pertaining to Crime No. 245/2007, PS Gopeshwar, whereby the appellant has been held guilt for the charge of offence punishable under Section 276(2)(b) IPC and has been sentenced accordingly.
(2.) Victim Km. Sunita, aged about 16 years, is unfortunate young girl, who was allegedly raped by two other persons i.e. Surendra Kumar and his another associate, wherefor another case bearing Crime No. 4/2007, under Section 363, 366, 376 and 511 IPC was registered in the Patwari Circle Pajyana, Tehsil Gairsan, District Chamoli. She was produced for the medical examination at Karnprayag Hospital, a sub-divisional town, on 17.10.2007. Her medical examination could not be completed as the infrastructure for the ossification test and other pathological tests was not available there. So, she was taken to the Headquarters at Gopeshwar on 18.10.2007 along with the Patwari concerned and a lady Constable. This accused appellant Rajendra Prasad Chandrawal was officiating as Nayab Tehsildar at Karnprayag on the relevant date and time. So, he also accompanied to District Headquarters at Gopeshwawr along with the police constable and the Patwari on 18.10.2007. On 17.10.2007, Km. Sunita was left to pass the intervening night of 17/18.10.2007 safely in the house of Khetra Panchayat Member Smt. Jubli Devi, and on the next day i.e. on 18.10.2007, she was taken to the Gopeshwar District Hospital. At Gopeshwwar, she was produced in the hospital, even her Bed Head Ticket was prepared by the concerned official of Gopeshwar District Hospital at 7 PM on 18.10.2007, which is Ex. Ka-5 on the record. But, in fact, she could not pass her intervening night of 18/19.10.2007 in the hospital and she was taken by the lady Constable, the Patwari concerned and this accused appellant to a private lodge in the town. The rooms were hired and this accused appellant managed the sequence of events in such a manner that he remained all alone with this victim girl in one of the rooms of the lodge. She was raped by this accused in the intervening night of 18/19.10.2007, and thereafter she was produced in the hospital on 19.10.2007 again for the medical examination, wherefor she was brought from Karnprayag. She was duly medically examined by the doctor concerned, where she disclosed the rape committed on her by Rajendra Prasad Chandrawal. She was taken before the Chief Judicial Magistrate, District Chamoli, to record her statement under Section 164 CrPC, where she disclosed that she was taken from the hospital to a private lodge in the town, where she was raped by the accused appellant. The Investigation Officer of Crime No. 4/2007 moved an application to the Superintendent of Police, Chamoli stating the fact of alleged charge of rape against the appellant and requested that since the offence has allegedly been committed in Gopeshwar town itself, so the FIR has to be lodged at Gopeshwar Police Station and then the investigation was needed by the regular police. Accordingly, by the order of the Superintendent of Police, the instant case was registered against the appellant Rajendra Prasad Chandrawal. Subsequently, the investigation culminated into the submission of the chargesheet against this accused for the offence of Section 376-b IPC. Charge was levelled by the Sessions Judge for the said offence, wherefor the chargesheet was submitted and after the trial, the accused was found guilty and was sentenced to accordingly.
(3.) We have heard the submissions of learned Counsel for the either parties and have perused the record.;

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