KAMAL DEV ALIAS KEWAL SON OF SHRI CHANDU RAM, R/O BAGGI, TAPPA DHATWAL, TEHSIL BARSAR, DISTT. HAMIRPUR, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant hereinafter referred to, as "the accused", has challenged his conviction passed in Sessions Trial No. 15 of 2004, decided on 16.3.2005 by the learned Sessions Judge, Hamirpur, for attempted rape under Section 376 / 511 IPC and Section 3 (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 in short '1989 Act' and sentenced to undergo imprisonment for the period of two years for attempted rape and to pay a fine of Rs. 1000, and for one year under Section 3 (xi) of 1989 Act and to pay a fine of Rs. 500/ -. All the aforesaid sentences were ordered to run concurrently and the benefit of Section 428 of the Code of Criminal Procedure was also given to the accused. In short, the prosecution case, as emerges from the evidence on record can be stated thus. The prosecutrix (17) is the unmarried daughter of PW -3 Ajit Singh. In the month of January, 2003 she was residing in the house of her maternal grand mother PW2 Smt. Rattni Devi in village Baggi. From there, she has been going to village Dhakyora to attend tailoring centre.

(2.) ON 2.7.2003 as usual, after attending her daily classes, while on her way to the house of her grand mother, around 2.15 p.m., when she was crossing 'Sukkar Khad' at a place known as "Palothri", accused accosted and directed her to go towards bushes. On her refusal, the accused caught hold of her neck, took out a knife and dragged her. Thereafter he is alleged to have committed rape on her. The prosecutrix was threatened not to disclose this fact to any one lest she would be killed.

(3.) THE prosecutrix was got medically examined at Zonal Hospital, Hamirpur by Dr. Sunita Galodha (PW -12). She did not notice any injury on her person and there was no evidence of penetration.