RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment of the learned Additional Sessions Judge (Fast Track Court), Una, whereby he has been convicted of the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and sentenced as follows:

(2.) IN short, the prosecution story can be stated thus. In the year 2008 the prosecutrix was studying in 9th standard in Government High School, Batehar. The work of the construction of the road to the village of the prosecutrix was going on under the "Pradhan Mantri Gramin Sadak Yojna" (PMGSY). The Contractor Krishan Lal Dhiman had deployed his tipper on that road wherein the appellant was the driver. The prosecutrix used to pass through the road, under - construction, while going to her school. It is alleged that the appellant used to tease and harass her and had threatened to abduct her. On 21st June, 2008 at about 8.15 pm, the prosecutrix was found missing from her parental house. Her mother for the first time disclosed to her husband that the appellant used to tease her and had proposed to marry her. The suspicion of her father Ashok Kumar fell upon the appellant. Thus he reported the matter to the police and his statement Ext.PW -6/A under Section 154 of the Code of Criminal Procedure was recorded in Police Post, Chintpurni on 23rd June, 2008 at about 11.15 A.M. on its basis FIR Ext.PW -8/A was formally recorded in Police Station, Amb.

(3.) THE appellant after his arrest was also got medically examined. He was found fit to perform sexual intercourse. There was no injury on his person.