- (1.) THIS is a criminal jail appeal preferred against the judgment and. order dated 27-06-2003 passed by the Sessions Judge, Bageshwar in ST No. 12/2002, State Vs. Rajendra Singh S/o Sher Singh, whereby the Sessions Judge has convicted the ac cused-appellant under Section 376 I. P. C. and sentenced him to undergo Rl for ten years and to pay a fine of rupees ten thou sand. In default of payment of fine, the appellant shall further undergo S. I. for a period of ten months.
(2.) THE brief facts of the case in hand are that on 17-3-2002, the prosecutrix alongwith Pappu, Rajesh PW4 and the accused-appellant, had gone to graze' the cattle at Charson Tok, near the Church where she had been allegedly raped by the accused-appellant. On the next day of the incident, Smt. Kamla Devi PW5 informed the mother of the prosecutrix that the ac cused-appellant Rajendra Singh had for cibly made sexual intercourse with the prosecutrix on the previous day, when the prosecutrix had gone at the Church for grazing the cattle. THEreupon, the mother of the prosecutrix enquired from her daughter about the incident, upon which, the prosecutrix narrated the entire incident to her mother. THEreafter, the mother of the prosecutrix informed her husband Ganesh Nath PW3, the informant of the case on phone about the incident. Ganesh Nath PW3, the informant came to his house and enquired from the prosecutrix with regard to the incident. THE prosecutrix narrated the entire incident that the ac cused-appellant Rajendra Singh had for cibly made sexual intercourse with her and she was also threatened not to tell this fact to any other person. THEreafter, a report was lodged by Ganesh Nath PW3, the father of the prosecutrix to this effect and the case was registered against the accused- appellant. THE police visited the place of incident and prepared the site plan. During the investigation, the prosecutrix was medically examined by the medical officer of District Civil Hospital, Bageshwar. THE investigating officer re corded the statement of the witnesses and after completing the investigation, he sub mitted the chargesheet against the ac cused-appellant under Sections 376 and 511 I. P. C. After submission of the chargesheet, the accused-appellant was committed to the court of Sessions Judge, Bageshwar, for trial and the trial court framed charge against the accused appel lant under Section 3761. RC. The accused appellant denied the charge levelled against him and claimed trial. In order to prove its case, the pros ecution examined the prosecutrix as PW1. Rajesh PW4 who was claimed to be the eye-witness of the incident. Smt. Pushpa Devi PW2 is the mother of the prosecutrix and Ganesh Nath PW3, the informant is the father of the prosecutrix. Dr. D. S. Nei PW6 who. conduct X- ray of the prosecutrix on 20-3-02 in the Civil Hospital, Almora and proved his report as Ex. Ka 2 before the court. He also proved the X-ray Plate report, Ex. 2. The prosecution also exam ined the Investigating Officer Praveen Singh as P. W 7.
(3.) IN the statement recorded u/s 313 Cr. P. C. , the accused-appellant Rajendra Singh denied all the averments made in the evidence and stated that he had been falsely implicated in this case due to the enmity. The accused-appellant had not adduced any defence evidence in support of his case. The learned trial court after appre ciation of the evidence found the appel lant guilty of the offence and, convicted and sentenced the appellant as mentioned above.;