(1.) This appeal is filed by the appellant -accused against an order of conviction and sentence recorded by learned Sessions Judge, Sirmaur District at Nahan, on June 27, 1997, in Sessions Trial No. 61 -N/7 of 1995.
(2.) The appellant original accused was charged for offences punishable under Section 376 and Section 306 of the Indian Penal Code (Code for short). The case of the prosecution was that on September 4, 1994, at about 8.00 or 9.00 a.m., one Nasreen, aged about 19 years, had gone to her field for taking grass. She was accompanied by her younger brother Intzar Ali. In the field, Nasreen went to nearby Khala (vacant land surrounded by bushes) to answer a call of nature. Accused Jaspal was stated to have employed as a Conductor in a private bus coming to Gulabgarh. When Nasreen was easing herself in the Khala after opening her Shalwar, the accused reached there, caught hold of her forcibly, made her to lie down and after removing his clothes, the accused committed forcible sexual inter -course. The victim tried to get herself released, but could not succeed. Accused also shut the mouth of Nasreen by his hand and hence she could not shout. Intzar Ali kept on calling Nasreen from the field. After freed from Jaspal, Nasreen came back. She met Nasir on the way, who had heard some noise. Nasreen stated nothing to Nasir because of shame. Nasreen went back to her home at Gulabgarh at about 12.00 or 12.30 hours in the noon along with Intzar Ali. At her house also, she did not tell anything to anyone. She lied down on the bed. At about 2.00 or 2.30 p.m., Sharif Ali, father of Nasir Ali and Sadiq Ali, ex -pradhan of the village came at the house of Nasreen. They had come to know about some incident and wanted to enquire the matter from Nasreen. Nasreen overheard the conversation between those persons. She, therefore, consumed some poisonous substance (an insecticide used for wheat preservation). After about half an hour, froth came out of her mouth and she started vomiting. At about 5.30 p.m., Nasreen was taken to Civil Hospital, Paonta Sahib, by Shakur Begum, wife of Nissar Ahmed and sister -in -law (Bhabhi) of Nasreen. On the way to the Hospital, Nasreen disclosed to Shakur Begum that she had been raped by accused Jaspal and, as she could not show her face to anyone, she had consumed poison. At Civil Hospital, Paonta Sahib, Nasreen was treated by Dr. Vijay Pabbi, who sent information to Police Station, Paonta Sahib, that Nasreen was admitted to Civil Hospital, with the history of poisoning. The Medico Legal Examination was conducted on the same day at about 7.00 p.m. by Dr. Sangita Pabbi, who had prepared Medico Legal Certificate. On receiving the information from the Hospital, Mahant Ram, Additional Station House Officer, Police Station, Paonta Sahib, obtained the opinion of Dr. Vijay Pabbi regarding physical and mental condition of Nasreen, as to whether she was fit to make statement. On Dr. Pabbis opinion to the effect that Nasreen was in a fit state of mind, Mahant Ram, recorded the statement of Nasreen, wherein she stated that she had been subjected to forcible sexual inter -course by the accused and out of shame, she had consumed poisonous substance. The statement was reduced in writing by Mahant Ram in presence of Dr. Vijay Pabbi. A thumb impression of Nasreen was also taken on the statement. Both, Mahant Ram and Dr. Pabbi also signed the statement. Nasreen died at about 2.30 a.m. on 5th September, 1994. Mahant Ram forwarded the statement of Nasreen recorded by him to police station, Paonta Sahib, where formal FIR was registered for an offence punishable under Section 376 read with Section 306 of the Code. It was alleged that the accused had committed an offence punishable under Section 376. Since the victim committed suicide because of forcible sexual inter -course by the accused, he was also charged for an offence, punishable under Section 306 of the Code.
(3.) The post mortem examination on the body of Nasreen was conducted by Dr. R.K. Dhiman, who had sent viscera of the deceased for chemical examination. After receiving the report, Dr. Dhiman opined that Nasreen died due to consumption of Alphosphide.