LAWS(HPH)-2012-10-128

KARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On October 17, 2012
KARNAIL SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The appellant has challenged his conviction for the offences punishable under Sections 376(1), 451 & 506 of the Indian Penal Code, whereby he was sentenced to undergo the imprisonment under each of the Sections aforesaid as follows:- <FRM>JUDGEMENT_128_LAWS(HPH)10_2012.html</FRM>

(2.) In short, the prosecution story as emerges from the evidence on record, can be stated thus. In the year 2011, the prosecutrix (16) was a student of 9th standard studying in Government Senior Secondary School, Gyora. On 11.7.2011, at about 11.45 p.m, she went to pass urine. The toilet was located in the courtyard of her house. The accused was hiding behind the bushes nearby. He caught hold her 'Dupatta', gagged her mouth and took her to a distance of about 400 meters in the bushes and committed rape on her. PW-2 Ishwar Dass, her father, came in search of the prosecutrix. He called for her. He put torch light. He noticed the prosecutrix standing with the accused. The accused fled away from the spot and while doing so, he is alleged to have threatened her to do away with her life, if she would tell anything about the occurrence.

(3.) The police after recording the statements of the witnesses and completing investigation presented the challan in the learned trial Court under the aforesaid Sections. The accused was accordingly charge-sheeted to which he pleaded not guilty and claimed trial.