SHIV RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE challenge has been laid by the appellant hereinafter after called as "the accused" to his conviction and sentence, passed by the learned Sessions Judge, Kullu in Sessions trial No. 14 of 2009 decided on 18.11.2011 for the offence punishable under Section 376 Indian Penal Code, whereby he has been sentenced to undergo imprisonment for a period 7 years and to pay a fine of Rs. 10,000. In default of payment of fine, to further undergo imprisonment for a period of six months. The fine, if realized, is ordered to be paid to the prosecutrix. The period of detention spent in custody during investigation and trial of this case is ordered to be set-off against the substantive sentence under Section 428 of the Code of Criminal Procedure.

(2.) IN short, prosecution case can be stated thus. The orchards of the father of the prosecutrix and that of the accused are adjoining to each other. On 24.8.2008, during the day time, the prosecutrix went to her orchard to cut the grass. Accused, who was working in his orchard, called the prosecutrix to cut the grass also from his orchard. She went there but to her utter surprise, she was pushed on the ground by the accused. He tied her hands with the rope Ex. P3, mouth was gagged with the handkerchief, her trouser was put off and committed rape on her. Thereafter accused put on his pant, untied the rope and removed the handkerchief from the mouth of the prosecutrix. She started screaming. Her screams were heard by PW2 Ramesh, her cousin who was doing some work in his orchard nearby. He rushed to the spot, took prosecutrix to her house and informed her father about the incident, ultimately FIR Ex. PW1A was lodged.

(3.) PW 10 doctor Gian Chand Thakur, the Assistant Director of the State Forensic Science was examined to prove report Ex. PW7A. According to him, salwars Ex. P1 and Ex. P4 were the same which were received in the FSL by Shri Ajay Sehgal in parcel Ex. P5, for examination.