Decided on March 15,2013



- (1.) This Criminal Appeal arises out of an order of the trial court dated 24.5.2001 passed by the learned Additional Sessions Judge, Second Fast Track Court, Dehradun in Sessions Trial No. 133 of 1999 convicting the present appellant under Section 376/511 IPC i.e. attempt to rape a 11 years old girl and consequently sentencing him to 10 years of rigorous imprisonment with a fine of Rs. 8,000/- and one year's further imprisonment on default in the payment of fine.
(2.) The prosecutrix belongs to Nepalese family. Since her mother had turned insane, her father left her in care of her uncle and aunt and left for Nepal, a few year back. The accused Nirmal Singh is the maternal uncle of Kumari Rekha and was working as a class IV employee in Indian Military Academy, Dehradun (for short, "IMA") and used to reside in the IMA campus. The accused and his wife have four children of their own aged about 12, 10, 8 and 4 years, respectively. The prosecutrix, as referred above, resided with them in their house for the last few years. She used to study in class V in a nearby primary school at Panditbari, Dehradun. When she did not report for her classes on 9.9.1999, her class teacher namely Smt. Dinesh who was the Principal in charge of the school, on the relevant day sent another girl of the same class Kumari Archana Rawat to fetch the prosecutrix and after a few minutes Kumari Archna Rawat and the prosecutrix arrived at the school campus and thereafter on being questioned by the class teacher as to why she had remained absent for the last two days, the prosecutrix started weeping. At this, the class teacher summoned other teachers of the school and all of them in private asked the girl the reason, as to why she is crying. Then the girl replied that her "mama" (maternal uncle) had done some obscene act with her on the night of 3.9.1999 and then again on 7.9.1999. Since the primary school comes under the jurisdiction of "Gram Pradhan" and it being a village area the class teacher went to the "Gram Pradhan" of Village Panchayat Panditbari, Dehradun and on dictation of the "Gram Pradhan" a First Information Report was lodged under Section 376 IPC at police station Cantt, Dehradun. Consequently, the accused was arrested. A chargesheet was filed by the police and subsequently the matter was committed to the sessions for trial.
(3.) After framing of the charges the trial commenced against the appellant. The prosecution in support of its case examined as many as seven witnesses.;

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