Decided on June 18,2013

Chandra Singh Farswan Appellant


B.S. Verma, J. - (1.) THIS Criminal Jail Appeal, is directed against the judgment and order dated 1 -9 -2010, passed by Addl. Sessions Judge/1st F.T.C. Nainital, in Sessions Trial No. 4 of 2010, State v. Chandra Singh Farswan, whereby the accused was convicted u/ss. 376 and 452 I.P.C. and he was sentenced to undergo ten years R.I. and to pay a fine of Rs. 10,000/ - u/s. 376 I.P.C. and in default of payment of fine to further undergo S.I. for one year and he was further sentenced to undergo R.I. for three years and to pay a fine of Rs. 5,000/ - u/s. 452 I.P.C. and in default of payment of fine to further undergo six months S.I. Both the sentences were directed to run concurrently. The prosecution case, in short, is that on 22.5.2009 at about 6.00. p.m. accused Chandra Singh, taking benefit of storm entered in the house of Tara Singh and forcibly took away the prosecutrix in the barren house situated in the neighborhood where wheat -straw was kept and committed forcible rape upon her. The report of the incident was lodged by Km. Mannu Danu, prosecutrix herself at Kotwali Lalkuan on 23 -5 -2009. In the written report Ext. Ka.1 it is mentioned that the prosecutrix is physically weak and she was all alone at the house, her mother is also handicapped and the atmosphere was stormy thus she could not lodge the report in the evening of the day of incident.
(2.) ON the basis of written report Ext. Ka.1, chick F.I.R. Ext. Ka.5 was prepared by the police and a case crime No. 66 of 2009 u/ss. 452, 376 I.P.C. was registered against the accused. The carbon copy of the G.D. is Ext. Ka.6. The investigating Officer visited the place of occurrence and prepared site plan Ext. Ka.7. He also took into custody the cloths of prosecutrix worn by her at the time of incident and prepared memo Ext. Ka.2. The prosecutrix was medically examined by the doctor, who prepared medical report Ext. Ka.3 and supplementary report Ext. Ka.4. After completing the investigation, the charge sheet Ext. Ka.8 was submitted against the accused u/ss. 452 and 376 I.P.C. The case was committed by the learned Magistrate to the Court of Sessions and charges u/ss. 452 and 376 I.P.C. were framed by the sessions Court against the accused, who pleaded not guilty and claimed to be tried.
(3.) THE prosecution to prove the guilt of the accused produced six witnesses - P.W. 1 prosecutrix, P.W.2, Smt. Jassu, P.W.3, Dr. Usha Jangpangi, P.W.4, Tara Singh, P.W.5, Constable Krishna Dhangharia and P.W.6, I.O. Arun Kumar Verma.;

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