DES RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant was acquitted by the learned trial Court, for the offence punishable under Section 376 of the Indian Penal Code, but convicted for the offences punishable under Sections 363 and 366 of the Indian Penal Code and sentenced him as under: -

(2.) BOTH the sentences were ordered to run concurrently and he was also given the benefit of Section 438 of the Code of Criminal Procedure.

(3.) IN short, the prosecution case, as emerges from the evidence can be stated thus. In the year, 2000, prosecutrix was a student of 9th standard, studying in Government High School Dofda. The appellant is also the resident of same village. He was in love with the prosecutrix and intended to marry her. On 17th May, 2000, he met her in village Uchi, while she was on her way to school. He expressed his intention to get married to her, in case she refused, he would kill her. She did not respond and went to school, but returned around 12 Oclock. Appellant again met her on the way. He is alleged to have snatched her dupatta and pretended that he would hang himself in case she did not marry him. The prosecutrix kicked of his proposal. On this, the appellant is stated to have snatched her bag, forced her to sit down and committed rape. Thereafter she left her house but she was again invited by the appellant to the field. Then, he took her to the Nullah and committed rape and told her that he would marry her. When the prosecutrix was not found in the house on 19.5.2000, the father of the prosecutrix PW2 Chint Ram lodged the report with the police alleging that the appellant had enticed his daughter with an intention to marry her. On checking her school bag, he traced two love letters Exts.PW1/A and B written by the appellant to her.