LAWS(HPH)-2000-8-13

HARISH KUMAR Vs. STATE OF H.P.

Decided On August 10, 2000
HARISH KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Since all these three appeals arise out of the same impugned common judgment dated 28.10.1999 passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur, therefore, are being disposed of by this common judgment.

(2.) Each of the appellants -accused (hereinafter referred to as the accused) in these appeals stand convicted and sentenced by the learned Sessions Judge vide the impugned judgment as under: Name of the appellant Offence for which convicted : Sentence imposed Ram Kedar under Section 366 I.P.C. Rigorous imprisonment for three years and fine of Rs. 1,000/ - and in default of payment of fine, rigorous imprisonment for a further period of 6 months. under Section 376(2)(g) I.P.C. Rigorous imprisonment for 5 years and fine of Rs. 2,000/ -and in default of payment of fine, rigorous imprisonment for a further period of one year. under Section 506 I.P.C. Rigorous imprisonment for two years. Laxmi Nand under Section 366 I.P.C. Rigorous imprisonment for three years and fine of Rs. 1,000/ - and in default of payment of fine, rigorous imprisonment for a further period of six months under Section 376(2)(g) I.P.C. Rigorous imprisonment for five years and fine of Rs. 2,000/ -and in default of payment of fine, rigorous imprisonment for a further period of one year. under Section 506 I.P.C. Rigorous imprisonment for two years. Parveen Kumar under Section 376 (2)(g) I.P.C. Rigorous imprisonment for 5 years and fine of Rs. 2,000/ -and in default of payment of fine, rigorous imprisonment for a further period of one year. Harish Kumar under Section 368 I.P.C. Rigorous imprisonment for two years and fine of Rs. 1,000/ -. In default of payment of fine, rigorous imprisonment for a further period of three months. Thakur Bhagat under Section 366 I.P.C. Rigorous imprisonment for 3 years and fine of Rs. 1,000/ -. In default of payment of fine,, rigorous imprisonment for a further period of six months. under Section 506 I.P.C. Rigorous imprisonment for a period of 2 years. Bishan Singh under Section 366 I.P.C. Rigorous imprisonment for 3 years and fine of Rs. 1,000/ -. In default of payment of fine, rigorous imprisonment for a further period of 6 months. under Section 506 I.P.C. Rigorous imprisonment for a period of 2 years. In the case of the accused to whom more than one substantive sentence of imprisonment has been awarded, such sentences have been ordered to run concurrently.

(3.) Case of the prosecution, in brief, is that an 22.4.1994, Surinder Kumar, informant (PW -2) accompanied by his wife Sarita alias Sarswati (PW -1) and nephew Dalip Kumar (PW -3) started from his village Kundiar in Uttar Kashi (U.P.) to visit Sewajin, his Booa (fathers sister) at Sangla in Kinnaur District of Himachal Pradesh. On 24.4.1994 at about 3.30 p.m. they reached Tapri where they hired a room in the hotel of one Sita Ram and stayed there. However, at about 5 p,m., accused Laxmi Nand and Ram Kedar came in the said room and asked PW -1 and his companions to show the permits to enter District Kinnaur. PW -1 informed that they did not possess such a pass/permit whereupon the said accused persons threatened them to be taken into custody by the police and to be lodged in the lock -up. They, however, assured PW -1 that they would get the requisite permits from 3.D.M., Bhawanagar. On being frightened by the situation, PW -1 and his companions left Tapri on foot and started towards Wangtu. When they had travelled a distance of about 2 kms., accused Laxmi Nand and Ram Kedar who were following them, forcibly caught hold of the complainant and his companions and took the prosecutrix (PW 1) with them forcibly. PW -2 and his nephew (PW -3) were also threatened by them. PW -2 and PW -3 thereafter tried to search out PW -1 and the accused but of no avail. Therefore, PW -2 reported the matter at Police Post, Tapri vide report Ex. PW -2/A on the basis of which a formal FIR Ex. PW -2/B was registered at Police Station, Bhawanagar. The police took up the investigation. During the course of investigation, the police took in possession Entry Register of National Dhaba, Tapri Ex. PW -2/C where PW -1 and party had taken a room on rent vide memo Ex. PW -2/D. On 26.4.1994, Ranjo Devi, wife of accused Laxmi Nand produced the prosecutrix (PW -1) at Police .Station, Bhawanagar saying that accused Laxmi Nand and Ram Kedar had taken her to the house of Laxmi Nand on the night of 24.4.1995. Thereafter, the prosecutrix was handed over to her husband Surinder Kumar (PW -2) vide memo Ex. PW -1/A. The prosecutrix was then got medically examined at District Hospital, Recong -Peo and Dr. B.R. Kashyap (PW -8) who conducted the medical examination of the prosecutrix issued the MLR Ex. PW -8/A, opining that the hymen was torn and evidence of recent trauma was present, inasmuch as the edges of hymen were red and congested and were bleeding on touch and vaginal smear had live sperms and the prosecutrix had the sexual inter -course. Her wearing apparels were taken in possession and were sealed and sent to chemical examination. On the basis of a joint disclosure statement made by accused Parveen Kumar, Laxmi Nand and Ram Kedar Ex. PW -2/E, accused got recovered a double bed sheet from the residential room of accused Parveen Kumar which was taken in possession vide memo Ex. PW -2/F. Pursuant to another disclosure statement Ex. PW -2/G made by accused Laxmi Nand alias Lachhi Ram and Ram Kedar, one Bichhona (bed mat) was recovered from the residential house of accused Ram Kedar and was taken in possession vide memo Ex. PW -2/H. During the course of investigation, it also surfaced that two vehicles were used for taking the prosecutrix to the place where she was subjected to rape and the drivers of those vehicles were accused Harish Kumar and one Kaul Ram (who is stated to be absconding) and that accused Thakur Bhagat and Bishan Singh who beat up the informant also facilitated the commission of the offence complained against. The learners licence (driving licence) of accused Harish Kumar was taken in possession by the police vide memo Ex. PW -5/A and the documents relating to the vehicle driven by him were also taken in possession from Tilak Raj Sharma (PW -6). The documents relating to the van being driven by the absconding accused Kaul Ram were also taken in possession by the police vide memo Ex. PW -5/B. The vehicles were identified by Sarita Devi (PW -1) in the presence of S.D.M., Nichar who issued the certificate about such identification Ex. PC. Accused Ram Kedar, Laxmi Nand and Parveen Kumar were also got medically examined and their Medico Legal Certificates are respectively Exs. PG, PH and PJ. The place from where the prosecutrix was forcibly removed by the accused has been depicted in rough site plan Ex. PA and the places of commission of rape has been depicted in rough site plans Exs. PD and PE. The wearing apparels of the prosecutrix taken in possession by the doctor (PW -8) who medically examined her; underwear, banyan and pant of accused Laxmi Nand; Pant and shirt of accused Ram Kedar; and underwear, Banyan and pant of accused Parveen Kumar, the bed -sheet and Bichhona (bed mat) apart from the wearing apparels of absconding accused Kaul Ram were got chemically analysed in the State Forensic Science Laboratory and vide report Ex. PW -8/B received from the said Laboratory, human blood and semen stains were found on the Salwar and shirt of Sarita Devi, bed -sheet and Bichhona. Semen stains were found on the underwear and banyan of accused Laxmi Nand and underwear of Parveen Kumar.