Decided on July 11,2013

BHAJAN LAL Appellant


Alok Singh, J. - (1.) PRESENT appeal is directed against the judgment and order dated 16.03.2012 passed by 1st Additional Sessions Judge Rishikesh, District Dehradun, in Session Trial No. 103 of 2012, whereby appellant was held guilty for the offences punishable under Sections 376 and 506 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/ -, and in default of making payment of fine, to undergo additional imprisonment of three months under Section 376 I.P.C.; to undergo R.I. for a period of one year under Section 506 I.P.C. with the stipulation both the sentences shall run concurrently.
(2.) BRIEF facts of the present case, inter alia, are that prosecutrix is the daughter of real sister of the wife of appellant; wife of the appellant was pregnant at the relevant time in the year 2012; on the request of the appellant and his wife, mother of the prosecutrix sent the prosecutrix to the house of the appellant to look after pregnant wife of the appellant (Mausi of the prosecutrix); on 03.05.2012, prosecutrix was alone in the house of the appellant while wife of the appellant was out in connection with some work; prosecutrix was offered to drink juice mixed with sedatives; having drunk the juice, offered by the appellant, prosecutrix started falling unconscious; she was taken by the appellant to the bad room and she was raped therein against the consent of the prosecutrix; prosecutrix was threatened by the appellant to face dire consequences,, if she would disclose the incident to anybody; prosecutrix narrated the entire story after gaining consciousness to the wife of the appellant (Mausi) in the evening when she came back from the market; Mausi told the prosecutrix not to disclose this incident anybody since it was the internal affairs of the family and for the sake of reputation of the family; prosecutrix went to her parent on 15.05.2012; having found her depressed, her parent asked her as to what had happened to her; on this, she disclosed entire incident to her parent and on the very next day, father of the prosecutrix P.W. 3 Sudesh Kumar lodged an F.I.R. with the Police Post I.D.R.L. Veer Bhadra Chowki, Police Station Rishikesh, Dehradun; prosecutrix was medically examined, however, definite opinion about rape could not be given by the doctor. Having investigated the matter, chargesheet was submitted against the appellant for the offences punishable under Sections 376, 328 and 506 I.P.C.
(3.) AFTER committal of the trial, learned Trial Court framed the charges against the appellant for the offences punishable under Sections 328, 376 and 506 I.P.C. Appellant denied the charges and claimed trial.;

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