RAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant faced trial for having committed an offence punishable under Sec. 376 of the Indian Penal Code, 1860 [For short, 'the Penal Code']. The trial Court by its judgment dtd. 12/1/2010 acquitted him of the said offence after finding the prosecution evidence insufficient to convict him. The Division Bench of the Himachal Pradesh High Court [ For short, 'the High Court'], however, overturned his acquittal and by judgment dtd. 3/6/2016 convicted him. The appellant was sentenced to undergo rigorous imprisonment for a period of ten years with fine of Rs.50,000.00. In default, he was to further undergo simple imprisonment for a period of six months. Hence, this appeal.

(2.) As per the prosecution case, the appellant was residing with one Jaidev Sharma since both were serving together. On 28/6/2009, it was alleged that the appellant committed rape on the daughter of the informant, who was aged about four and a half years. When the victim returned home, her mother found that there were bloodstains on her clothes. The informant washed the victim 's clothes and gave her a bath. The informant, thereafter, called her husband as well as her father after which the First Information Repor [ For short, 'FIR']came to be lodged at 17.45 hours on the same day. An offence was registered and investigation was undertaken. On its completion, a charge-sheet was filed against the appellant and he was charged of having committed an offence punishable under Sec. 376 of the Code. The appellant denied the charge and was, accordingly, tried. The prosecution examined nine witnesses while the defence of the appellant was of complete denial.

(3.) The trial Court after examining the depositions of PW1- Jaidev Sharma, who was the uncle of the victim, PW2-the mother of the victim and PW3-the victim herself, found that their depositions did not inspire confidence considering various discrepancies therein. The trial Court further found that as per the medical report, the victim did not suffer any injury and this, according to the learned Judge of the trial Court caused a dent in the case of the prosecution. After considering the entire evidence on record, the trial Court acquitted the appellant.