- (1.) THIS appeal has been directed against the judgment and order dated 24-05-2006, passed by learned Sessions Judge, Nainital, in S. T. No. 116 of 2005, whereby the accused/appellant has been convicted and sentenced to undergo rigor ous imprisonment for seven years u/s 376 Indian Penal Code, 1860 and a fine of Rs. 5,0007 -. In default of payment of fine, the appellant shall further undergo imprisonment for six months.
(2.) THE facts of the case are that the informant Dhan Singh Bisht lodged a re port Ex. Ka. 3 on 09-05-2005 at about 1:00 p. m. at Parti Patwari Pandey Gaon, District Nainital, alleging therein that her mother (victim) aged about 70 years was all alone in her house on the date of the occurrence. It was further alleged that he had been working as a servant in the tea stall of Girish Chandra Belwal. While on duty, the informant received information from Mohan Chandra that the accused/ appellant had committed rape upon her mother. THEreupon, the informant went to his house and saw her mother weep ing. Seeing the informant, the accused/ appellant fled away from the spot. It was further alleged that the informant chased the accused/ appellant and ap prehended him after a distance of one km. It was further alleged that while committing the rape, the accused/appel lant closed the mouth of her mother and gave threats of dire consequences. THEreafter, the police started the inves tigation and the victim was taken to hospital for medical examination. After completing the investigation, the police submitted the chargesheet against the accused/appellant u/s 376 and 506 I. P. C. After submission of chargesheet, the accused/appellant was committed to the court of Sessions for trial and the trial court framed charges u/s 376 and 506 I. P. C. against the accused/appellant. The accused/appellant denied the charges levelled against him and claimed his trial. The prosecution in support of its case examined as many as six witnesses. Dr. Sangeeta Tripathi PW1 is the Medi cal Officer who had examined the vic tim. Dhan Singh PW2 is the informant and son of the victim who had lodged the report in the police station. Girish Chandra PW3 is the owner of the tea restaurant (stall) where the informant was employed. He has stated that on 09-05-2005 Mohan Singh came to his restaurant and informed the informant about the rape of his mother. Mohan Chandra Paladiya PW4 has stated that he had not informed the informant about the rape of his mother in the res taurant. This witness was declared hos tile. Harish Chandra Joshi PW5 is the Investigating Officer who has investi gated the matter and submitted the chargesheet (Ex. Ka. 7) against the ac cused/appellant. Ramesh Chandra Paladiya PW6 had seen the victim weep ing when he went to the shop of Girish Belwal for purchasing the cheese.
(3.) THE accused/appellant was ex amined u/s 313 Cr. P. C. and he has pleaded not guilty to the offence. He has further stated that he has falsely been implicated in this case due to en mity. The learned Sessions Judge, af ter appreciation of the evidence and hearing the parties convicted the ac cused/appellant and sentenced him as indicated above.;