RANJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The Appellant hereinafter referred to as "accused" was tried and convicted for the offences punishable under Sections 376 and 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 7 years under Section 376 of the Indian Penal Code and to pay fine of Rs. 10,000/-. In default of payment of fine he was further ordered to undergo simple imprisonment for a period of 6 months. In addition, sentence of three years was also imposed upon the accused for the offence under Section 506(ii) of the Indian Penal Code. Both the sentences were ordered to be run concurrently. The period already undergone in police as well as in judicial custody by the convict was also ordered to be set off. Hence, the present appeal by the accused.

(2.) Heard and gone through the record.

(3.) Precisely, the prosecution story can be stated thus. The prosecutor belongs to an agricultural family. In the year 2005, she was studying in 7th standard. On 28th September, 2005 at about 5 P.M. she had gone to nearby fields to fetch fodder for the cattle. It is alleged that the accused followed her along with his pet dog. When prosecutor started collecting fodder, the accused stood nearby. At that time her aunt Kamlesh Kumari also reached there and objected to the presence of the accused. But in turn, he replied that he had also come there to cut grass. After some time, Kamlesh Kumari left the place. When, the prosecutor was cutting the grass, accused pounced upon her, gagged her mouth and took her into the nearby maize field. When she cried for help, the accused is alleged to have gagged her mouth, tied her hands with towel, threatened with dire consequences and committed rape upon her. The prosecutor became unconscious.