KAKA RAM Vs. STATE OF HP

JUDGEMENT

(1.) Appellant was convicted under Sections 376 and 323 of the Indian Penal Code, in Sessions Case No. 25-D/VII-2005, decided on 27th/30th November, 2009, by the learned Sessions Judge, Kangra at Dharamshala and sentenced to undergo simple imprisonment for a period of seven years and to pay of Rs. 25,000/-. In default of payment of fine to further undergo simple imprisonment for a period of one year under Section 376 of the Indian Penal Code and also to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 323 of the Indian Penal Code, as such filed the instant appeal.

(2.) Appellant was put on trial on the allegations that on 25th May, 2004, the prosecutrix wife of Nasir Din while on her way accompanied by PW-4 Alphana Bibi after visiting local market, while passing through the jungle in the evening around 8.00 p.m., met appellant. He caught hold of her and committed rape on her and gave beatings. PW-4 Alphana Bibi was an eye witness. She went running to her home and informed her husband. He came to the spot alongwith few others. She narrated entire story to them. Next day, the prosecutrix accompanied by her husband went to the Pradhan of the Gram Panchayat and presented a complaint Ext.PW-2/A to him. He made his endorsement Ext. PW-2/B on it and advised them to go to the police. Police registered FIR Ext.PW-6/A.

(3.) The prosecutrix was got medically examined from PW-15 Dr. Rekha Gupta, Medical Officer, Primary Health Centre, Lapiana. Doctor noticed bruises on both shoulders, on left breast, on upper lateral side and right thigh and on medial side of left glutial region, having been caused within 22 hours. She issued Medico Legal certificate Ext.PW-6/B, which was taken into possession by the police. Wearing apparels of the prosecutrix were also taken into possession and sent for forensic examination. Two vaginal swabs containing woman blood and semen were also taken and sent for forensic examination. The report is Ext.PX.