RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal appeal filed under Sec. 374 of Cr.PC, lays challenge to Judgment of conviction and order of sentence dtd. 29/4/2010 and 30/4/2010, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur Camp at Bilaspur, in Sessions Case No. 6-7 of 2009, whereby court below while holding the appellant/accused/convict (hereinafter referred to as 'convict'), guilty of having committed offence punishable under Sec. 354 of IPC, sentenced him to undergo one year rigorous imprisonment and pay a fine of Rs.3,000.00, and in default of payment of fine, to further undergo simple imprisonment for three months.

(2.) Precisely, the facts of the case, as emerge from the record are that on 6/3/2007, at about 3.00 P.M., PW-8, complainant Kalan Devi, after having heard cries of her grand-daughter, i.e. victim/prosecutrix (name withheld) went to her and inquired as to why she was weeping. Allegedly, victim/prosecutrix disclosed to the complainant that her uncle accused Rakesh caught hold of her hand and took her to his room and removed her pyjama by saying that he would take out a child from her stomach. Complainant also alleged that victim/prosecutrix also disclosed her that accused put off his pant and put his penis on her private part and also inserted his fingers into her vagina, as a result of which, she felt pain and started weeping. Complainant alleged that at the time of occurrence, her son was not present, whereas, her daughter-in-law, Roshani Devi, PW-2, was present in the cowshed. She alleged that she called Up Pradhan, Sh. Madan Lal, PW-6 and Ward Member, Khillo Devi, PW-9, before whom, her grand-daughter narrated the entire story. She alleged that thereafter, they reported the matter to the police and on the basis of aforesaid complaint, FIR No. 38/2007, Ext. PW-1/A, under Ss. 376/511 of IPC, came to be registered against the accused. After completion of investigation, police presented the challan in the competent court of law, which after having found prima facie case under Ss. 376/511 of IPC, framed charges against the accused under aforesaid Ss. , to which, he pleaded not guilty and claimed trial.

(3.) Prosecution with a view to prove its case, examined as many as 16 witnesses, whereas, despite opportunity, accused failed to lead any defence evidence, however, in his statement recorded under Sec. 313 Cr.P.C, he denied the case of the prosecution in toto and claimed himself to be innocent.