Decided on May 21,2013

Suresh Ram S/O Pratap Ram Appellant


- (1.) This appeal, under Section 374 Cr.P.C., is directed against the judgment and order dated 22.2.2008, passed by Sessions Judge, Bageshwar in Sessions Trial No. 18/2007, State Vs. Suresh Ram, convicting the accused U/S 376 I.P.C. and sentencing him to undergo R.I. for ten years and to pay a fine of Rs. 10,000/-, and further convicting the accused U/S 458 I.P.C. and to undergo R.I. for ten years and to pay a fine of Rs. 10,000/-. In default of payment of fine the accused was further directed to undergo one years R.I. under the above sections. The sentences were directed to run concurrently.
(2.) The prosecution case, in brief, is that the complainant Smt. Sunita Devi lodged written report, Ext. Ka.1, at the Police Station Kapkot on 29-5-2007, with the allegations that her husband is ill from a long period and she is the only responsible person at her house. On 23.5.2007 in the night her family members were sleeping inside her house and her daughter Km. Reena was sleeping in the Chaakh (courtyard) of the house due to the heat. At about 12 in the night accused Suresh Ram entered into the Chaakh of the complainant from the window of upper story of the house and committed forcible rape upon her daughter. When her daughter raised alarm, then they reached at the Chaakh and caught the accused red-handedly. The accused came out by using force. It is further alleged in the written report that the prosecutrix is a deaf and dumb and at the time of incident she was 13 years of age. It is further mentioned in the report that the complainant had a seven month's old child and her house is situated in remote area far from the Police Station and hence the report was lodged with delay.
(3.) On the basis of written report, chick report, Ext. Ka.7 was prepared and a case crime No. 21/2007 U/S 452 and 376 I.P.C. was registered against the accused, carbon copy of registration of the case has been proved as Ext. Ka.8. S.I. Arvind Kumar Chaudhary started investigation in the case. He visited the place of occurrence and prepared site plan Ext. Ka. 9. He arrested the accused and prepared arrest memo Ext. Ka.10. The prosecutrix was also examined by the Magistrate U/S 164 Cr.P.C. On 1.6.2007 the prosecutrix was medically examined by the doctor in Lady Hospital, Almora. The investigating Officer after completing the investigation submitted charge sheet Ext. Ka.12 against the accused.;

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