DHALE RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal has been directed against judgment dated 13.3.2009 passed by learned Additional Sessions Judge, Fast Track Court, Kullu in Sessions Trial No. 19 of 2008 convicting the Appellant for commission of offence punishable under Sections 376, 506 IPC and sentenced to undergo rigorous imprisonment for 8 years under Section 376 IPC and to pay fine of Rs. 5,000/ -, in default of payment of fine, he is to suffer simple imprisonment for six months. He is also sentenced to rigorous imprisonment for one year for the commission of offence under Section 506 IPC and to pay fine of Rs.

(2.) ,000/ - and in default of payment of fine, he is to suffer simple imprisonment for three months. 2 The prosecution case in brief is that P.W. 5 Naina Wati solemnized her marriage with Tek Chand and from the wedlock P.W. 4 prosecutrix was born. The age of the prosecutrix at the time of commission of offence was 13 years. The prosecutrix was three years old when Tek Chand died and P.W. 5 Naina Wati complainant solemnized second marriage with P.W. 6 Gumat Ram. The prosecutrix and complainant lived at village Dohra -nullah. The prosecutrix was the student of sixth class.

(3.) THE further case of the prosecution is that on 16.9.2005 at about 5.00 p.m. P.W. 4 had gone to bring vegetables in the field, she was caught by Appellant and she was subjected to forcible sexual intercourse by him. The Appellant had been subjecting minor prosecutrix to rape and she was also threatened to be killed.