AHSA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In our judgment and order dated 17.11.2005 this Court while allowing the appea1 preferred by the State also enhanced the punishment of the accused under Section 376, IPC from five years RI to RI for life, after hearing the parties. By the said judgment the order of the High Court acquitting the accused was set aside.

(2.) On 22.11.2005 that is after the judgment was delivered by this Court, the prosecutrix, namely, Smt. Seema, daughter of accused Asha Ram has filed the following affidavit:

(3.) The statement of prosecutrix was examined by the Trial Court, examined by this Court and accepted. Before the trial Court she gave a statement that her father raped her on the fateful day. Relying upon the statement and evidence on record the trial Court convicted the father of the prosecutrix. It was re-examined and accepted by this Court. This Court was of the view that the statement of the sprosecutrix inspired confidence.