SHYAM SINGH Vs. STATE

JUDGEMENT

(1.) This appeal was filed by the accused-appellant under section 408(b) of the Criminal Procedure Code against the order of conviction passed by the Assistant Sessions Judge, Mahasu District, dated 31st May, 1967, whereby the appellant was convicted for an alleged, offence under section 376, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for 7 years and to pay of a fine of Rs. 2,000.00 and in default of the payment thereof to undergo further rigorous imprisonment for 6 months.

(2.) The case of the prosecution was as follows :- On 23rd January, 1966, a girl, Smt. Shanta, daughter of Shaligram, aged about 12 years, was grazing cattle in a field in Katoch Kiar all alone. Her mother. Smt. Ranpati, was working in a field at a distance of about 150 feet. The accused, Shiam Singh, it was alleged, finding Shanta all alone, went to her from the side to which she had her beck, took her into his lap, carried her some distance to the side of a stone wall, united the string of her pyjama and stripped the same up to her knees. He then took off his own pyjama also up to his knees, made Shanta lie flat beside the stone wall, and put his sexual organ into the sexual organ of the girl. Smt. Shanta raised an alarm, and her shouts were heard by two persons, Shawala Nand and Keshru, who were also grazing their cattle in two separate fields which were at a distance of about 200 feet from the place of occurrence, and when they challenged the accused and ran towards him in order to catch hold of him. the accused rose up from the body of Shanta and ran away. The said Shawala Nand and Keshru chased the accused for some distance to catch him, but could not succeed. In the meantime, Ranpati, the mother of Shanta came to the place of occurrance and found Shanta in a lying position with her pyjama pulled down up to her knees. Ranpati helped Shanta to stand up, tied the string of her pyjama, and then took her to their Dohgri, which was nearby. In the evening, keeping Shanta in the Dohgri, the mother, Ranpati, went to her home in village Tikkri to inform her husband, Shaligram, about the occurrence. Shaligram had Just returned home after putting out some fire in a jungle which was nearby on that day. On learning about the occurrence, Shaligram went to his Dohgri, took the girl Shanta from there and proceeded towards Rohru to lodge the First Information Report in the police station at Rohru. But, it became night before they reached Rohru, and, therefore, they stayed at Chirgaon on the way for the night, and reached Rohru on the next day i. e. on 24th January, 1966. Shaligram lodged the First Information Report in the police station. The girl, Shanta, was also medically examined. A case under section 376, Indian Penal Code, was registered against the accused, Shiam Singh. The police commenced the investigation, and arrested the accused. The accused was, however, released on bail later on. After the completion of the investigation, the accused was charged with the offence of rape under section 376, I. P. C., and he was committed to the court of Sessions for trial.

(3.) At the commencement of the trial in 'the Sessions Court, the, accused pleaded not guilty to the charge and claimed to be tried. The prosecution examined 11 witnesses in proof of the charge against the accused. On a consideration of the evidence adduced by the prosecution, the learned Assistant Sessions Judge, Mahasu and Kinnaur Districts, by his judgment, dated 31st May, 1967, held the accused, Shiam Singh, guilty of committing rape on Shanta, under section 376,I.P.C., convicted him for the said offence, and sentenced him to undergo rigorous imprisonment for 7 years, and to pay a fine of Rs. 2,000.00 and in default of the payment thereof to undergo further rigorous imprisonment for six months. Hence, the present appeal by the accused.