Decided on March 14,2013



- (1.) Heard Mr. R. P. Nautiyal, Advocate with Mr. Prashant Khanna, Advocate for the appellant and Mr. Suhail Siddiqui, A.G.A. for the State.
(2.) The present appeal arises out of the judgment and order dated 27.09.2007 passed by the Sessions Judge, Rudraprayag in Sessions Trial No.1/2007, whereby appellant i.e. Harendra Singh was convicted under Section 376 I.P.C. read with Section 511 I.P.C. and sentenced to undergo rigorous imprisonment for seven years. The appellant was further convicted under Section 457 I.P.C. and sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/-. In default of payment of fine, the appellant has to further undergo simple imprisonment for one month. He was also convicted under Section 504 and 506 I.P.C. and sentenced to undergo rigorous imprisonment of one year and two years respectively. Lastly, the appellant was convicted under Section 323 I.P.C. and sentenced to undergo rigorous imprisonment of one year. All the sentences are to run concurrently.
(3.) The incident is said to have happened in a hill area of Uttarakhand i.e. Patwari circle Barsir, Tehsil Jakholi, District Rudraprayag. On 09.10.2006 at 5PM, an F.I.R. was lodged with the S.D.M., Jakholi, District Rudraprayag by prosecutrix alleging therein that she and accused Harendra Singh reside in the same village i.e. Barsir. Accused is her nephew ('Bhateeja') in common parlance of the village. The accused used to harass and threaten her in the past, and he had indulged in 'Maarpeet' with the prosecutrix in the past, which was somehow settled due to the interference of villagers. It is then alleged in the FIR that on the fateful day of 08.10.2006, at about nine to ten P.M. when she was lying asleep in her house, accused Harendra Singh entered her room, under influence of alcohol and immediately mounted on top of her and made an attempt to rape her. While doing so, he also sank his teeth on her left cheek and tried to undress her, but, since she raised an alarm and started shouting, and her son Virendra Singh, who was in that room and who saw the incident joined the prosecutrix in raising the alarm, the accused fled. While running away from the house he continued to hurl abuses and threatened that this time she had escaped, but he would rape her in future.;

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