PRITHI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant Prithi Chand, a youth of about 18 years, was prosecuted for committing rape on PW-I Kanchana Devi a girl of tender age of 11 or 12 years, on the afternoon of 15th June, 1979 at a place known as Kutkharpati in village Kot, Tehsil Palampur of Himachal Pradesh. The learned Sessions Judge convicted him under Section 376, I. P. C., and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 2,000/-, in default to suffer rigorous imprisonment for a further period of two years. On appeal, the High Court while confirming his conviction under Section 376, I.P.C. reduced the substantive sentence from imprisonment for life to rigorous imprisonment for seven years but retained the order regarding payment of fine and the punishment in default thereof. Thereupon the appellant has appreached this Court under Article 136 of the Constitution of India.

(2.) The facts in brief are that PWA Kanchana Devi had gone to Balarahi Khad with her two younger sisters on the morning of 15th June, 1979 for taking a bath. After the bath when she was returning to her residence the appellant met her on the way and asked her to permit him to have sexual intercourse with her. She resented this behaviour of the appellant and with a view to avoiding him changed her route. But the appellant intercepted her and offered her Rs. 5/- for permitting him to have sexual-intercourse with her. On the prosecutrix refusing the appellant physically lifted her and took her to a shallow place removed her trousers (Salwar) and after removing his clothes committed rape on her, on account whereof she began to bleed profusely. After satisfying his lust the appellant gave her a few leaves to wipe her vagina. On hearing a call from PW-7 Sandhi Devi who was looking for her daughter, the appellant ran away. The prosecutrix returned home. Her trousers were stained with blood. She narrated the incident to her mother PW-6 Vijaya Devi and thereafter to the other ladies of the village who, had in the meanwhile collected at her residence. The mother and the other ladies examined the vagina of the girl and found that the same was ruptured and bleeding. As her father was not at home, her mother could not decide on the course of action. On the return of her father PW-3 Bali Ram, she narrated the incident to him, whereupon the Sarpanch of the village PW-12 Chaturbhuj was informed about the incident who advised them to report the matter to the police in the morning since it was too late to travel to the Police Station. On the next morning the prosecutrix, her parents and the Sarpanch went to the Police Station where the girl filed the report which is on record at Exhibit P-A,

(3.) PW-1 Kanchana Devi narrated the incident as stated above in detail in her deposition before the Court also. Except for one or two minor omissions, her evidence is consistent with the report Exhibit P-A. She has stated that on that afternoon the appellant forcibly lifted her and took her to the lower level where he had sexual intercourse with her. According to her the appellant removed her trousers, thereafter removed his clothes and despite resistance from her inserted his organ into her vagina as a result whereof she experienced great pain and began to bleed, profusely. She disclosed this fact to her mother PW-6 Vijaya Devi as well as to the neighbours, PW-7 Sandhi Devi and PW-8 Phulan Devi. On the return of her father PW-3 Bali Ram, she narrated the incident to him., All these witnesses support the version of the prosecutrix. The Sarpanch PW- 12 Chaturbhuj has also stated that when the prosecutrix was, brought to him she was wearing a blood stained Salwar and had complained that the appellant had raped her. PW-4 Julfi, Chowkidar of the village stated that the prosecutrix had pointed, out the place of occurrence wherefrom blood stained leaves were attached by the police under seizure Memo Ex. P-B. PW-5.Kishori Lal supports him.