DIWAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant challenges his conviction under Sections 376 and 506 of the Indian Penal Code (hereinafter ‘IPC’) sentencing him to undergo rigorous imprisonment for a period of seven years and fine of Rs. 20,000.00, in default of payment of fine, simple imprisonment for a period of six months for offence under section 376 Penal Code and simple imprisonment for one year and fine of Rs. 5000.00 for offence punishable under Sec. 506 Penal Code and in default of payment of fine, simple imprisonment for one month.

(2.) The genesis of the prosecution case is that Ext.PW1/A, which is First Information Report No. 87 of 2008, filed by Kumari Reena Devi with Police Station Karsog on 22.5.2008 narrating therein that she was 16 years old and residing with her maternal uncle Jhabe Ram and was student of 10th class. About 5-6 days prior to Shivratri, the accused entered the cowshed during the day time where she was watering the cattle and committed rape on her. When she tried to raise a hue and cry to save herself from the clutches of the accused-appellant, he threatened her that in case she disclosed this to anybody he would kill her. It was in these circumstances, due to fear that she never disclosed these facts to her maternal uncle. Prior to the lodging of the report, she was stalked and teased by Durga Dass, elder brother of the accused. He was related to the victim as her mama (maternal uncle). He stated that he wanted to marry her though he was already married.

(3.) The accused was medically examined on 9th June, 2008 by PW17 Dr. Krishan Kumar, Civil Hospital, Karsog, who opined vide MLC Ext.PW7/A that the accused was normal and capable of performing sexual intercourse. Sample of semen was taken and his clothes were sent for chemical examination. The victim was examined by PW19 Dr. Abhilasha Malhotra, who vide Ext PW19/A opined that she had been "sexually exposed ". Her radiological examination, vide Ext.PW18/A, opined that her radiological age was between 15 to 16 years.