JAI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY means of present appeal, the appellant has challenged his conviction and sentence passed by the learned trial Court in ST No.13 -D/VII/2008, decided on 29.5.2009, whereby he has been sentenced to undergo imprisonment under each of the Sections as hereunder: Sl. No. Offence Under Section Sentence 1. 376/511 I.P.C. Rigorous Imprisonment for a period of seven years and to pay fine of Rs. 10,000/ - in default, to further undergo rigorous imprisonment for two years. 2, 377 I.P.C. Rigorous Imprisonment for a period of seven years and to pay fine of Rs. 10,000/ - in default, to further undergo rigorous imprisonment for two years. 3. 363 I.P.C. Rigorous Imprisonment for a period of Three years and to pay fine of Rs. 5,000/ - in default, to further undergo rigorous imprisonment for one year. 4.506 I.P.C.Rigorous Imprisonment for a period of Three years.

(2.) PRECISELY , the case of the prosecution, has been that in the year 2008, the prosecutrix [minor child, aged about 10 years), was studying in 4th standard. On 6.2.2008, she had gone to attend her school but because of the stomach her mother PW7 Rita Devi sought half day 'sleave and brought her back to home. But around 2.30 p.m., she was sent to fetch some vegetables. On the way the prosecutrix happened to come across the accused who claimed himself to be blind and sought assistance to lead him to his residence nearby. To render help to the accused, she assisted him. After covering some distance on the roadside there was a building of Sunil Kumar resident of Nagrota, which was under -construction. The accused told her that his place has come and asked her to go inside and bring out the container, but she refused. On this, the accused pushed her inside, but there was no such container. The prosecutrix was caught -hold by him undressed her, removed his pant, laid on her and put the male organ into her mouth and then raped her. Thereafter he threatened her with dire consequences and threatened her not to disclose this fact to any one lest she would be killed. While parting, he handed over Rs. 5/ - currency note to her.

(3.) FINDING a prima facie case for the offences punishable under Sections 366 -A, 376, 377 and 506 of the Indian Penal Code, he was accordingly charge -sheeted to which he pleaded not guilty and claimed trial.