Khushpal Singh v. State of Uttarakhand

appellant is that the first information report is highly belated one and the trial court has erred in believing the prosecution story. I have carefully gone through the evidence on record. No doubt there is delay in lodging the FIR but there is sufficient explanation for delay, on the record. The girl was raped, threatened of dire consequences, as such she could not complain about the commission of rape immediately. As far as the incident of pushing the girl into the river by the accused is concerned after she was thrown into the river, it is clear from the record that she got unconscious and she was to hospital unattended by her family members, thereafter she was referred to Dehradun, as such there was ample evidence on record suggesting as to why FIR could not be lodged earlier.

#15. For the reasons as discussed above, this Court finds that charge of offences punishable under section 376, 307 and 506 IPC, is proved on record against the accused/appellant Khushpal Singh, as such 12 conviction recorded by the trial court needs no interference. However, considering the facts and circumstances of the case, and further considering that no weapon is used for attempting to commit murder, this Court is of the view that the sentence under section 307 IPC, can be reduced to rigorous imprisonment for a period of seven years with direction to pay fine of ‘ 5,000/‐.

#16. Accordingly, the appeal is dismissed on the point of conviction. The conviction recorded by the trial court convicting the accused Khushpal Singh under section 307, 376, 506 IPC, is hereby affirmed. The sentence recorded by the trial court under section 376 IPC which is the minimum, and one awarded under section 506 IPC, is also reasonable as the same do not require interference and accordingly affirmed. Only the sentence awarded under section 307 IPC is modified, and instead of rigorous imprisonment for a period ten years, and direction to pay fine of 50,000/‐ convict/appellant sentenced rigorous imprisonment for a period of seven years, and directed to pay fine of ‘ 5,000/‐ on that count (i.e. under section 307 IPC). With this modification in the sentence recorded under section 307 IPC, the appeal 13 stands disposed of. Sentences shall run concurrently. Lower court record be sent back. Let a copy of this judgment be sent to the Superintendent of the jail concerned for information of the appellant. Parul (Prafulla C. Pant, J.) 11.10.2012