POSHU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved by his conviction and consequent imposition of sentence of rigorous imprisonment for seven years and fine of Rs. 10,000/- and in default further rigorous imprisonment for six months for the offence under Section 376 of the Indian Penal Code (in short 'IPC') vide the impugned judgment/order dated 18/20.10.2010, passed by the learned Additional Sessions Judge, Fast Track Court,

(2.) The law enforcing machinery was set in motion in this case by the convict himself, being the complainant, who submitted complaint dated 04.07.2009, Ex. PW-7/A, to the learned Sub Divisional Judicial Magistrate, Rohru, District Shimla, Himachal Pradesh, which though later on recoiled on him as well, as would be seen hereinafter, and is to the following effect, on the basis of which FIR No. 91 of 2009, Ex. PW-7/B, dated 07.07.2009, under Sections 363, 372, 373 and 109 IPC, which is re-production of the complaint itself, was registered at PS Rohru:

(3.) The investigation commenced. After recording statements of the convict (complainant) Poshu Ram and his wife, Indru Devi, under Section 161 of the Code of Criminal Procedure (in short 'Cr.P.C'), the police alongwith the convict went to Haryana in search of the prosecutrix, Satbir Singh, Ishwar Singh and Prem Lata (co-accused in the connected case) and was able to trace Ishwar Singh and Prem Lata at Gharounda and Satbir Singh alongwith the prosecutrix at Kembla on 09.07.2009. On interrogation, Ishwar Singh and Prem Lata revealed that they alongwith Subdha Devi, who is mother of Prem Lata and Satbir Singh, who is cousin of Ishwar Singh, being his maternal uncle's son (all accused in connected case), had enticed the prosecutrix from village Thana, Himachal Pradesh, with a view to get her married to Satbir Singh. On further interrogation, it was revealed that the prosecutrix was raped by Satbir Singh, at his house in village Kurana on 19.05.2009. Thereafter, the police brought all of them to Police Station, Rohru, Himachal Pradesh.