MAST RAM Vs. STATE OF H P

JUDGEMENT

(1.) The challenge in this appeal is by the accused/appellant qua his conviction passed in Sessions trial No. 14 of 2008 decided on 26.12.2009 for the offences punishable under Sections 363, 366 and 376 Indian Penal Code whereby he has been sentenced to undergo imprisonment for a period of 7 years and to pay a fine of Rs. 20,000.00 and in default of payment of fine, to further under rigorous imprisonment for a period of one year for the offence of rape under Sec. 376 Indian Penal Code. No separate sentences were passed for other offences, in view of the aforesaid sentence being graver one. It was also ordered that the fine, if realized, would be paid as compensation to the victim. (i). The factual matrix, as borne out from the evidence on record can be stated thus. PW4 Smt. Sukhi Devi mother of prosecutrix was married to Chaman Lal. During such marriage, she gave birth to a son and two daughters, the prosecutrix is eldest of the daughters. After sometime, her husband Chaman Lal developed mental ailment. Smt. Sukhi Devi left him and started living with PW2 Keshav Ram his brother in village Chandpur Tehsil Rampur, as his wife. (ii) On 5.1.2008, prosecutrix along with her younger sister Veena Devi had gone to collect the fuel wood from the forest. At that time prosecutrix was studying in the 8th standard. On their way back, they came across the accused a Nepali. He is alleged to have forcibly taken the prosecutrix to his dera (temporary shed) whereas he told Veena Devi her sister to go away and not to disclose this matter to any one. At that time accused was working as a labourer in the orchard of one Gopal Singh. He is stated to have kept her with him in his dera and committed rape on her. Thereafter he took her to village Kartot to the house of his maternal uncle. During the night, again accused allegedly committed rape on her. From village Kartot, he took her to village Shanadhar and committed rape there. Since in rains her clothes got drenched as such he offered clothes for change and told her that she stood married to him. (iii) When the prosecutrix did not return, her mother PW4 Sukhi Devi and PW2 Keshav Ram started searching for her. Failing to locate her, the matter was reported to the police, in terms of FIR Ext. PW2/A.

(2.) Police sprang into action. PW13 ASI Jawahar Singh recovered the prosecutrix from the house of Gopal Singh and vide memo Ext. PW2/B she was handed over to her parents on 7.3.2008. She was also subjected to medical examination by PW7 Dr. Bharti Azad. On her general physical examination, she noticed prosecutrix thinly built and purely nourished. There were no signs of injury or struggle mark on her person. She also noticed an old rupture of hymen and opined that he was habitual to intercourse. The medico legal certificate of the prosecutrix is Ext. PW7/C. The wearing apparels of the prosecutrix, i.e., shirt Ext. P1, Salwar Ext. P2, underwear Ext. P3 were taken in possession vide seizure memo Ext. PW1/A and were sealed and sent for forensic examination.

(3.) Accused was arrested on 7.1.2008 and was also medically examined by PW8 Dr. B.D. Negi. He was found fit to perform sexual intercourse. His underwear Ext. P8 was taken into possession and was also sealed and sent for forensic examination. His medico legal certificate is Ext. PW8/A.