RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In terms of judgment dated 2.1.2009, passed by Ld. Sessions Judge, Hamirpur (H.P.) in Sessions Trial No.20 of 2008, titled as State Vs. Rajesh Kumar, accused Rajesh Kumar alias Munnu, the present appellant, stands convicted for having committed offences punishable under Sections 452 and 376 of Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs.5,000/-for an offence punishable under Section 376 IPC and also undergo rigorous imprisonment for a period of two years and pay fine of Rs.1,000/- for an offence punishable under Section 452 of IPC and in default thereof, to undergo simple imprisonment for a period of three months and one month respectively.

(2.) It is the case of prosecution that on 13.8.2007 at about 10:30 P.M., prosecutrix (PW-10) lodged an FIR No.346 (Ex.PW8/A) under Sections 452 and 376 of Indian Penal Code at Police Station, Hamirpur against the accused. According to the complainant, on 10.8.2007, when Dharam Chand (PW-8) and Sheela Devi (PW-9) parents of the prosecutrix (PW-10) had gone to the hospital for purchasing medicines at about 11-12 O clock (noon) accused came to the Verandah of her house and asked for a match box. She was alone in the house at that time. The accused caught her from the arm and took her inside the room. There he made her lie on the cot, opened the string of her Salwar and after opening his pant forcibly committed sexual intercourse with her and after some time when her parents returned, she narrated the incident to them, FIR was lodged and police acted upon the same. S.I. Desh Raj (PW-1) commenced investigation. He got the prosecutrix medically examined through Dr Sunita Galodha (PW-7), who issued MLC (Ex.PW7/B). Prosecutrix was found to be of not sound mind and did not co-operate in medical examination and since factum of sexual intercourse could not be ascertained, she was further referred to the RPMC, Hospital at Tanda (Dharamshala) for opinion of Gynecologist and Psychiatrist. However her father did not allow for it to happen. Sample of the vaginal swab collected by the police was in any event sent to the Forensic Science Laboratory for chemical analysis and report collected. Investigation was also conducted by Kuldip Kumar (PW-13). In order to determine the age of prosecutrix, certificate (Ex.PW2/B) issued by the school authorities and abstract of the Pariwar register (Ex.PW3/A) were taken on record by the police. With the completion of investigation, Challan was presented in the Court for trial.

(3.) The accused was charged for having committed offences punishable under Sections 452 and 376 of Indian Penal Code to which he did not plead guilty and claimed trial.