MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, Mohan Singh, hereinafter referred to as the accused, has preferred the present appeal against the judgment dated 31.1.1997 of the learned Additional Sessions Judge, Nahan, passed in Sessions trial No. 58 -N/7 of 1994 whereby he has been convicted for the offence under Section 376, Indian Penal Code, and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5,000. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of one year.

(2.) Briefly, the prosecution story may be thus stated. PW Smt. Paramjeet Kaur wife of PW 1 Triloki Nath is a resident of Village Kundian, Tehsil Paonta Sahib, District Sirmaur. She has two sons and two daughters. The eldest child is a daughter, that is, PW 15 Saroj Bala. On 1.7.1993, PW Smt. Paramjeet Kaur alongwith her husband had gone to her parental house in village Amohwala for the purpose of weeding of the maize crop. Her daughter, PW 15 Kumari Saroj Bala, who was of about 13 years of age and who is deaf and dumb was at home. Her other three children had gone to school. She alongwith her husband returned from Amohwala on 2.7.1993 at about 8 p.m. By that time all her children after taking their dinner, had already gone to sleep. She and her husband after taking dinner after went to sleep. On the following day in the morning, she found PW 15 Kumari Saroj Bala lying in bed till late hours of the morning. She enquired from her daughter PW 15 the reasons for her being in bed till late hours, on which PW 15 Kumari Saroj started weeping and told her that on 1.7.1993, the accused, whom PW 15 used to call as "Mama" (maternal uncle) had come and had asked for water. PW 15 Kumari Saroj then brought a glass of water and gave it to the accused. The accused, who had in the mean time bolted the room from inside, caught hold of PW 15 Kumari Saroj by her arm and pushed her on the cot. He opened the waist -band of her Salwar and committed sexual inter -course with her forcibly. She tried to resist. She also raised cries but such cries could not be heard by anyone.

(3.) The occurrence was then narrated by PW 8 Smt. Paramjeet Kaur to her husband PW 1 Triloki Nath when he returned from his work in the evening. The matter was also reported to the Pradhan of the Gram Panchayat. On 4.7.1993 PW 8 lodged the report with the police and a case for the offence under Section 376, Indian Penal Code, came to be registered at Police Station, Paonta Sahib vide FIR No. 216 of 1993 (Ex. PW 8/A).