DHANI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Dhani Ram (accused for short) was prosecuted for an offence punishable under Section 376 of the Indian Penal Code for having sexually molested and raped a girl child of five years Kumari Somti Devi and was convicted for the offence by the learned Additional Sessions Judge, Sirmaur District at Nahan (HP) vide his judgment dated August 11, 1999 and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 2,000. In case of default in payment of fine accused is to suffer further rigorous imprisonment for six months.

(2.) Aggrieved by his conviction, accused filed this appeal from Model Central Jail, Nahan, where he is undergoing the sentence imposed upon him. Accused was not represented by a counsel. He prayed for the appointment of a legal aid counsel to represent him in this case. Accordingly, Mr. Bimal Gupta, Advocate, was appointed as counsel for the accused.

(3.) Kumari Somati Devi, hereinafter referred to as "the victim", is the daughter of Julfi Ram resident of village Manpur in Paonta Sahib. Negi Ram (PW 3) is nephew and neighbour of Julfi Ram. Accused is resident of village Firahari in District Saharanpur (U.P.). Accused is known to Negi Ram, as both of them used to work in Halwai's shop. On the evening of 2nd May, 1998, accused came to visit Negi Ram and stayed in his house. After taking meals in the evening, accused lied down in a bed in the verandah/court yard of Negi Ram's house. Negi Ram (PW-3) went to the house of his uncle Julfi Ram to gossip. At that time, "the victim" was playing outside her house, near the place where accused was lying. Negi Ram and Julfi Ram were gossiping when they heard cries of "the victim" they also heard Dhani Ram trying to quiten the victim saying that he would give her sweets and she should stop crying. The victim kept on crying. Dhani Ram brought the victim in his lap. But the victim kept on crying. Julfi Ram, father of the victim, asked the child as to what had happened to her. She pointed towards her private part and said that pain has been caused there by Dhani Rami (Gukhoo Kiya). Julfi Ram after removing underwear of the victim found that she was bleeding from her vagina, Both Negi Ram and father of the victim Julfi Ram went to Panchayat Pardhan Smt. Prabhi Devi (PW-4) and informed her about the incident. Prabhi Devi advised them to wait till next morning. On the next morning Prabhi Devi (PW-4), her husband and another Panch of the Panchayat Smt. Maya Devi, visited the house of Julfi Ram. Smt. Prabhi Devi examined the victim and her underwear. She noticed swelling on the private part of the victim and found that vagina was swollen and bleeding. She questioned the victim. At that time Dhani Ram was also present. She advised Julfi Ram to report the matter to the police and gave him a letter (Ex. P3) for the Station House Officer. The police came to the village. Statement of Julfi Ram (Ex. P/4) was recorded, on the basis of which formal FIR (Ex. PW-11/A) was registered. The victim was medically examined. Accused was also sent for his medical examination. Salwar (Ex. M-1), Shirt (Ex. M-2) and Underwear (Ex. M-3) were taken into possession by the Doctor and later sent for chemical examination.