KRISHAN BAHADUR Vs. STATE OF H.P.

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant - convict (hereafter referred to as the accused) against the judgment dated 27.3.2000 passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur, whereby the accused has been convicted under Sections 451 and 376 IPC and has been sentenced to rigorous imprisonment for 7 years and fine of Rs.1000/ - under Section 376 IPC and to undergo rigorous imprisonment for six months under Section 451 IPC. In default of payment of fine, the accused has been ordered to undergo further rigorous imprisonment for three months and the substantive sentences of imprisonment have been made to run concurrently.

(2.) Case of the prosecution, in brief, is that Rattan Dassi, prosecutrix (PW -2), aged more than 60 years, is an issueless widow and is residing in village Kurgu. On 25.5.1999 at about 8 P.M., when PW -2, after taking food, was washing the utensils, the accused and his companion Raja Ram visited her house. They informed the complainant that they had come from Mandi District and requested for shelter for the night. The prosecutrix refused to provide shelter to the accused and his companion but on their further request that they might be permitted to stay in the verandah of the house, the prosecutrix agreed. She provided food to them. They, however, informed the prosecutrix that they were not feeling safe and secure on the open verandah, therefore, they came into the room of the prosecutrix. The prosecutrix then provided them a separate bed where they slept. After some time the accused and his companion got up, caught hold of the prosecutrix, gagged her mouth to prevent her from raising a hue and cry and thereafter first the accused committed forcible sexual intercourse with her and then his companion also raped the prosecutrix. She was again raped by the accused and his companion in that order. After committing the rape, the accused and his companion left the house at about 12 o clock in the night. Out of fear, the prosecutrix left her house and sought shelter in the house of Birma Devi (PW -3) in a nearby village Dhiu and spent her night there. The prosecutrix returned to her house in the following morning .when she was not keeping fit because of the commission of rape on her and, therefore, remained confined to the bed. On 27.5.1999, she visited village Kurgu where she found the rapists working at the house of Missi Devi (PW -5) and informed PW -5 and other village women that the accused and his companion had raped her on the night intervening 25th and 26th of May, 1999. The prosecutrix was advised to report the matter to the local police. PW -2 then reported the matter at Police Post, Sarahan on 27.5.1999 at 5.15 P.M. vide, report No. 9 copy whereof is Ex.PW -2/A. The prosecutrix was got medically examined. Dr. Lalita Negi, Medical Officer, Civil Hospital, Sarahan (PW -6) who examined the prosecutrix on 27.5.1999 at 6 P.M., found multiple abrasions on different parts of the body of the prosecutrix and opined that the prosecutrix had been subjected to sexual intercourse within 48 hours prior to her medical examination. Shirt Ex.P -3 and Sal war Ex.P -4 of the prosecutrix were taken in possession, sealed and handed over to the police for chemical analysis by PW -6. The vaginal swab of the prosecutrix was also reserved, sealed and handed over to the police for the same purpose. The accused was arrested by the police on 29.5.1999 but his companion managed to abscond. On medical examination, the accused was found capable of committing sexual intercourse. The Medical Officer (PW -1) who conducted the medical examination of the accused also took in possession the underwear (Ex.P -1) of the accused which was also sealed and sent for chemical analysis. The police took in possession mattress Ex.P -2 vide recovery memo Ex.PW -2/D and the same was also sealed. Underwear Ex.P -1, mattress Ex.P -2, shirt Ex. -3 Salwar Ex.P -4 and the vaginal swab were chemically analysed and vide report received from the State Forensic Science Laboratory Ex. PX, human semen was detected on the underwear Ex.P -1, shirt Ex.P -3 and Salwar Ex.P -4 Blood was found in the vaginal Swab. On completion of the investigation, the officer incharge, Police Station, Jhakri submitted charge sheet against the accused under Sections 451 and 376IPC and a charge was accordingly framed against him by the learned trial judge.

(3.) To prove the charge against the accused, the prosecution examined 13 witnesses in all.