DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was convicted by the learned Sessions Judge for offences under Sections 363, 366A and 376 of the Indian Penal Code (hereinafter I.P.C.). The sentences imposed under each of the sections are as under: <FRM>JUDGEMENT_1294_SHIMLC3_2012_1.html</FRM>.

(2.) The prosecutrix appeared as PW1 and stated that her father was working as a tailor. She has five brothers and sisters. She was studying in class-VIII in the year 2002. She was very familiar and friendly with the accused. On 31.5.2002 at around 5 p.m., she went to meet her friend, who used to reside in village Kanam. The accused met her on the road and asked her to accompany him in a vehicle to Reckong Peo where they reached there at about 10/11 at night. They stayed at night in Sharma Hotel. Thereafter, she was taken to village Brelangi where her father and uncle came along with police officials and she was taken to the Police Station and thereafter brought to hospital for medical examination. She states that the accused wanted to marry her. In cross examination she stated that she stayed in the dormitory of the hotel where 8/9 other persons were also staying. She was then cross examined at length with respect to the number of the vehicle. She then says that when they came back from the hotel in the morning, 40/50 persons met them walking on the road but she did not talk to anybody. She also says that she did not talk about this incident to any person, who was staying in the dormitory of the hotel. She admitted that both she and the accused slept on the same bed but denied that her age was above 18 years.

(3.) Pw2 Daya Ram states that the prosecutrix was a minor aged about 15 years in the year 2002 when she was studying in VIII class at Ribba. She had gone to the school and returned at around 4 p.m. in the evening where after she went to visit one of her girl friends but did not come back during the night. On the next day she went to Reckong Peo in connection with some personal work and met one Bhag Dass, who told him that the accused had taken the prosecutrix to Brelangi. He lodged rapat No.7 Ext.PW2/A where after the police swung into action and arrested the accused. PW3 L.H.C. Smt. Bhajna Devi, posted at Police Station, Reckong Peo had taken the prosecutrix for medical examination. PW4 Prem Parkash took the accused for medical examination. PW5 Rattan Pal was the witness to the disclosure statement etc. PW7 Sumir Singh was the Assistant Secretary of the Gram Panchayat, Rishpa. He stated that he supplied birth and death entry Ext.PW7/A and that this entry was recorded in accordance with the information given by PW6 Bir Sukh grand father of the prosecutrix. PW8 Satwant Negi, Principal Senior Secondary School, Ribba has proved on record the date of birth certificate Ext.PW8/A showing the date of birth according to the admission register has been disclosed as 29.12.1988.