TARSEM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant was convicted for the attempted rape and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/-, which on realization is ordered to be paid to the victim as compensation. In default of payment of fine, the convict was further ordered to undergo imprisonment for a period of six months. The Appellant was also given the benefit of Section 428 of the Code of Criminal Procedure. Feeling dissatisfied by the impugned judgment of conviction and sentence passed under Section 376 read with Section 511 of the Indian Penal Code, the present appeal has been filed.

(2.) In short, the prosecution story as emerges from the evidence on record can be stated thus. The prosecutrix was a minor school going child of seven years. She was a student of 2nd standard. On 9.7.2007, while returning from her school, the Appellant hereinafter referred to as 'the accused', allured her to take some mangoes along with her from his room. She went inside the room, accused bolted the door. He put off his pant and also removed the trouser of the prosecutrix and laid upon her and tried to insert his genital organ in the private parts of the prosecutrix, but she cried of pain. On this, accused let her off and also gave a currency note of Rs. 5/- and told her not to disclose this fact to anyone lest she would be killed.

(3.) On reaching her house, prosecutrix narrated the entire story to her mother Pinki Devi (PW7). Her husband PW3 Ram Kishan was an Insurance Agent in the Insurance Company working outside his village. His wife informed him about the said incident. He returned in the evening around 6 p.m. Thereafter PW7 Pinki Devi and her husband accompanied by Amar Nath went to the house of the Ward Panch PW4 Sulochna Devi and made a complaint to her that the accused, servant of PW6 Jagdeep Kumar had attempted to commit rape on the prosecutrix. She suggested to approach Jagdeep Kumar aforesaid in the matter. Around 8 p.m., all of them reached in the house of Jagdeep Kumar. They made complaint to him that his servant i.e. the accused in the present case had attempted to commit rape on the prosecutrix. The accused was called in the presence of the aforesaid persons. He admitted having committed the mistake and apologized by touching feet of all the persons present there.