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/ - and in default of payment of fine, to further under rigorous imprisonment for a period of one year for the offence of rape under Section 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.

(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.) DURING investigation of this case, police also obtained her birth certificate. Her date of birth is alleged to be 30.1.1993. The copies of birth certificate and pariwar Register are Ext. PW2/D and Ext. PW2/C respectively having been obtained from the Secretary of the Gram Panchayat Gopalpur.