GULJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge in the instant appeal by the appellant, hereinafter referred to as 'the accused', to the judgment of conviction and sentence passed by the learned trial Court, for the offence punishable under Section 376 read with Section 511 and 506 of the Indian Penal Code, whereby the accused was imposed the sentence in the following manner:- Offence Under Sentence Section Section 376 read Rigorous Imprisonment for Five years and to pay a fine of with Section 511 '10,000/- and in default of payment of fine to further I.P.C. undergo rigorous imprisonment for six months. Section 506 I.P.C. Fine to the tune of '5,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months. THE aforesaid fine amount after its realisation is ordered to be paid to the prosecutrix (6? years), as compensation. THE sentence and imprisonment of default of payment of fine shall run concurrently.

(2.) THE background facts giving rise to the present appeal can be stated thus. On 26th April, 2009, the prosecutrix was given '10/- by her father to purchase 'Kulfi'. THE accused was running a shop nearby where he had also installed a STD booth. Around 7.25 PM, the prosecutrix went to the shop of the accused to purchase 'Kulfi'. He took the prosecutrix inside STD booth and put off her underwear. He sat on a stool and took her on his lap after sliding down his trouser and underwear. THEreafter the accused held his male organ with hand and put it against genitalia of the prosecutrix and ejaculated with the result, legs of the prosecutrix smeared with semen. He threatened her not to disclose this incident to anyone including her mother. THE prosecutrix started weeping and left the place.

(3.) THE accused took the defence that he was implicated in a false case, but no reason for his false implication has been suggested to any of the witnesses of the prosecution, in their cross-examination.