SHAKTO RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE Appellant felt aggrieved and dissatisfied by the judgment of conviction and sentence passed in Sessions trial No. 5 of 2010 decided on 15.6.2010/ 13.7.2010 under Sections 376, 452 and 506II of the Indian Penal Code, whereby he has been sentenced as under:

(2.) ALL the sentences aforesaid were ordered to run concurrently. The benefit of Section 428 of the Code of Criminal Procedure was also given. The fine amount, if realized was ordered to be paid as compensation to the victim. Hence, the challenge has been made in this appeal. In short, the prosecution story can be summed up thus. The Appellant (23 years) has been a neighbour of the prosecutrix residing in village Kuliara in district Chamba. On 30.10.2009, the prosecutrix (19 years) alongwith her father PW12 Man Singh contacted an advocate at Chamba and under his dictation, as per disclosure made by the prosecutrix, a complaint Ex.PW6/A was written by PW6 Amar Nath the Clerk of the advocate. The complaint was addressed to the Superintendent of Police concerned and presented before him. Thereafter, it was endorsed to the SHO Sadar, Chamba for necessary action as per rules.

(3.) THE above complaint culminated into FIR Ex.PW14/A. The Police inspected the spot, prepared site plan Ex.PW14/B, took into possession her wearing apparels vide memo Ex.PW3/A and the prosecutrix was got medically examined from PW10 Dr. Arti Sharma of district Hospital, Chamba. On the examination of the prosecutrix, said doctor did not find any external injury on her body, but on the examination of her abdomen, height of the uterus was found equal to 18 weeks in size. The foetal part was palpable and uterus relaxed. She was advised ultrasound for examination and confirmation of the pregnancy with gestational age.