SHIV LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This case is a glaring example of brutality and perversity of a man who subjected his real maternal aunt (Mausi). aged about 60 years and mother of three grown up children to sexual intercourse.

(2.) The prosecutrix lodged F.I.R. No.86 of 2000 dated 19.12.2000 with Police Station. Jubbal. stating that during the previous night at about 6.00 PM. she was all alone in her house in village Daddi. when a boy entered her house and tried to drag her inside the room. On inquiry he gave his name as Gulabu but when he dragged her inside the room and laid her on the floor. She immediately recognised that it was Shiv Lal son of her real sister, who is the appellant. As per the prosecutrix. the appellant forcibly committed rape on her against her wish. She raised hue and cry but no body came to her rescue. After committing this heinous crime the appellant fled away.

(3.) In her statement in the Court the prosecutrix has reiterated her version given in the F.I.R. and has added that after the incident she went to the house of appellant to apprise her sister about the gruesome act of the appellant but finding her asleep she narrated the incident to the wife of the appellant who came along with the prosecutrix to her house but after some time the wife of other brother of the appellant took her back and the prosecutrix was forced to spend rest of the night all alone in her house. On the next morning, she went to Police Post, Sawra. and lodged F.I.R. Ex.PW -1/A.