Decided on May 23,2013

Monu @ Mahendra Singh Appellant


- (1.) This appeal, is got sent by accused/appellant Monu @ Mahendra Singh to this court through Superintendent, District Jail, Tehri Garhwal, which is directed against the judgment and order dated 22.11.2010, passed by Learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 03 of 2010, whereby said court has convicted the accused/appellant Monu @ Mahendra Singh, under section 376 read with section 511 of I.P.C, and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 10,000/-. The trial court has further directed that in default of payment of fine the convict shall undergo further eight months rigorous imprisonment.
(2.) Heard learned Amicus Curiae for the appellant, and learned Brief Holder, for the State, and also perused the lower court record.
(3.) Prosecution story, in brief, is on 23.11.2009, at about 2.30 pm, PW2 Indra Devi (mother of the victim), resident of Aamkhala, Tapovan, had gone alongwith her children namely Rohit aged seven years, Priya (victim) aged four years and Chandrakanta aged two and half years, to river Ganga for washing the clothes. Accused Monu @ Mahendra Singh son of Veer Singh, who was her neighbour came there, and took two of the children namely PW3 Rohit and PW1 Priya (victim) towards jungle under the pretext that he would give them BER (a plum like fruit of jujuberry). After sometime, Rohit came back but Priya did'nt. On this PW2 Indra Devi (mother of the children) went in search of the girl towards jungle where she heard cries of her little daughter. PW2 Indra Devi saw that the under garments of Priya were down to her feet and there were marks of injuries on her body. She suspected commission of attempt to rape her child. PW2 Indra Devi took her daughter Priya and other children to her house, and told about the incident to her husband PW4 Narendra, who got First Information Report (ExA1) lodged at Police Station Muni Ke Reti. On the basis of said report crime No. 6172 of 2009 was registered relating to offences punishable under section 376/511 of I.P.C, against accused Monu @ Mahendra Singh.;

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