KULDEEP KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present appeal filed under Section 374 (2) of Cr.PC, challenge has been laid to judgment of conviction dated 12.12.2017, passed by the learned Sessions Judge, Chamba, H.P., in Sessions Trial No. 42 of 2015, whereby court below while holding the appellant-accused (herein after referred to as 'the accused') guilty of having committed offence punishable under Section 376 of IPC, convicted and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 50,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) Case of prosecution, as emerges from the record is that on 12.9.2013, the accused got engaged to victim-prosecutrix as per local customs and rites of Pangi, District Chamba, H.P. As per custom prevalent in the area, boy and girl can have physical relationship with each other after engagement. Subsequent to engagement inter-se accused and victim- prosecutrix, allegedly they had repeated sexual intercourse till December, 2013, under the existing customs/rituals prevalent in the area. After the aforesaid alleged incident, accused remained in constant touch with the prosecutrix till March, 2014, whereafter he stopped using his mobile phone. Marriage inter-se accused and prosecutrix though was fixed for December, 2014, but since accused did not return back, marriage inter-se prosecutrix and accused could not take place, whereafter father of the prosecutrix reported the matter to SDM Pangi by way of written complaint. In the aforesaid proceedings, father of the accused made a statement before the SDM Pangi that accused, who is studying at Chandigarh, would come back to perform the marriage, but fact remains that accused did not return back and accordingly, matter came to be reported to the police by the prosecutrix. SI Kamlesh Kumar, alongwith other police officials, while on patrolling duty at bus stand Killar, Pangi, recorded the statement of victim- prosecutrix under Section 154 Cr.PC and thereafter, sent the same to Police Station Pangi for registration of FIR. After registration of case as referred above, prosecutrix was medically examined at Regional Hospital Chamba by PW12 Dr. Minakshi, who in her report (MLC Ext.PW12/A) though stated that no internal or external injury is/was found on the person of the victim-prosecutrix, but possibility of sexual intercourse cannot be ruled out. Statement of victim- prosecutrix was also recorded under Section 164 Cr.PC in the court of learned JMIC Chamba. Investigating Officer had also obtained certificate from the former Pradhan of Gram Panchayat, Karyas with regard to custom and rites prevalent in Pangi area (Ext.PW4/A).

(3.) After completion of investigation, challan came to be filed in the court of learned Sessions Judge Chamba, who being satisfied that prima- facie case exists against the accused charged him for having committed offence punishable under Section 376 of IPC, to which he pleaded not guilty and claimed trial. Prosecution with a view to prove its case examined as many as 13 witnesses, whereas accused in his statement recorded under Section 313 Cr.PC., denied the case of the prosecution in toto and claimed himself to be innocent. However, learned court below on the basis of evidence led on record by the prosecution held the accused guilty of having committed offence under Section 376 IPC and accordingly convicted and sentenced him as per description given herein above. In the aforesaid background, the petitioner has approached this Court in the instant proceedings.