DEEPAK CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CrMP No. 661 of 2012 & Cr. Appeal No. 464 of 2008 The appellant stands convicted of having committed offences punishable under Section 376 and Section 506 IPC. He has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 25,000/ for the offence punishable under Section 376 IPC and in default of payment of fine, to undergo further simple imprisonment for one year. In respect of the offence punishable under Section 506 IPC, the appellant has been sentenced to undergo rigorous imprisonment for six months and to pay a sum of Rs. 1,000/ as fine and in default of payment of fine, to undergo further simple imprisonment for a period of one month.

(2.) We are not dealing with the facts in detail because of the order which we intend to pass. Briefly stated, the facts of the case are that the prosecutrix filed a complaint with the Superintendent of Police, Hamirpur on 11 th June, 2004. In this complaint, she alleged that she is employed as Water Carrier in Government Primary School, Sawahal. On 5 th May, 2004, at about 1.00 p.m. she was returning from the school after getting her salary when she was accosted by the accused. Thereafter, the accused is alleged to have raped her. He also threatened to kill her if she disclosed the facts to any person.

(3.) The accusedappellant, by means of Cr.M.P. No. 661 of 2012, has filed an application seeking permission to lead additional evidence. The accusedappellant has obtained the copies of the attendance registers of the prosecutrix from the Government Primary School, Sawahal and we are concerned with the attendance register for the month of May, 2004. As per this register, the salary was paid to the prosecutrix on 3 rd May, 2004 and 5 th May, 2004 was a holiday being "Budh Purnima". As observed earlier, the complaint was filed more than three weeks later on 11 th June, 2004.