BACHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 9.3.2000 passed by Sessions Judge, Chamba Division, Chamba whereby he was convicted under Section 376 IPC for committing rape of his own minor daughter and sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 5,000, failing which to undergo simple imprisonment for a period of six months.

(2.) The prosecution case in brief is that the appellant alongwith his wife and children was living at village Tunuhatti, District Chamba. On 11.3.1999 he came to his house under the State of intoxication and was served dinner by his daughter, the prosecutrix, as her mother was away to her parents -house. At about 8.30 p.m. the prosecutrix alongwith her two younger brothers slept on one bed, whereas, the appellant slept on a separate bed but after some time he came to the bed of the prosecutrix and forcibly committed sexual inter -course with her. Thereafter he gave Rs. 20/ - to the prosecutrix and threatened her that if she tells the incident to anybody he would kill her. But the prosecutrix narrated the incident to her mother Nirmla Devi PW -12 when she returned from her parents house on 13.3.1999 in the presence of her maternal uncle, who took her to Smt. Deepa Singh, Advocate PW -10 on 15.3.1999, who filed application Ex. PJ before the Additional Chief Judicial Magistrate, Dalhousie, who forwarded it to S.H.O. Police Station, Dalhousie for registration of FIR. This is how FIR No. 28/99 dated 15.3.1999 under Section 376 IPC was registered against the appellant.

(3.) During the trial, the prosecutrix who appeared as PW -9 and her brother Master Ganesh Datt PW -11 have fully supported the prosecution story. The prosecutrix has given her date of birth as 13.3.1986. Reiterating her complaint the prosecutrix has added that when the appellant was committing rape on her she had cried hoarse but nobody came to her rescue as the houses of other villagers are located at a distance from her house, but her brothers had woken up. She has explained that her mother had returned on 13.3.1999 which was Saturday and next day being Sunday, she alongwith her maternal uncle Joginder Singh appeared before the Magistrate at Dalhousie on Monday through a lady Advocate. Next day the police visited her house and took into possession her Salwar, shirt and bed -sheet on which she was raped by the appellant, vide seizure memos Ex. PA and PB. The prosecutrix has also stated that she was also subjected to rape by the appellant at an earlier occasion when she was studying in 5th Standard and she had not disclosed this fact to her mother or anybody else due to threats given by the appellant that he would do away with her life. In her cross -examination she has further stated that on the said occasion her mother was away to attend the marriage of her another maternal uncle. She has admitted that relations between her mother and the appellant were strained and sometimes they used to quarrel. She has also not denied the suggestion that her mother had sent her with Swami Rajeshwaranand to Haridwar for four months.