KESHAV RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant has assailed his conviction and sentence in Sessions Trial No. 23 of 2001 decided on 15.7.2003 by learned Sessions Judge, Mandi, under Sections 452, 376 IPC directing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/ -, in default of payment of fine, rigorous imprisonment for a period of one year under Section 376 IPC, rigorous imprisonment for one year and a fine of Rs. 2,000/ -, in default of payment of fine, further imprisonment for one month under Section 452 IPC. The learned Sessions Judge has also ordered that whole of the amount of fine shall be payable to prosecutrix on realization. The appellant shall get the benefit of Section 428 Cr.P.C.

(2.) THE prosecution case in brief is that prosecutrix mostly used to remain alone in her house with her three children since her husband used to work as labourer and usually remained outside the house. On the night intervening 7th and 8th August, 2000, the prosecutrix was alone in her house, her children had gone in her relations. At about 3.00 a.m., some person knocked at the door, but she did not open the door. The said person broke the plank of the window and entered her room through the window. The said person committed rape with the prosecutrix. The said person left his Pajama and took the salwar of the prosecutrix.

(3.) THE appellant was charged for commission of offence punishable, under Sections 452, 376 IPC, he pleaded not guilty and claimed trial. The prosecution has examined 16 PWs and produced some documentary evidence. The statement of appellant was recorded under Section 313 Cr. PC. He denied the prosecution case. The appellant was given chance to lead defence evidence, but no evidence in defence was led by the appellant. On conclusion of trial, the learned Sessions Judge convicted and sentenced the appellant, as noticed above.