ISHWAROO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the Judgment of Additional Sessions Judge, Solan, in Sessions Trial No. 7 -S/7 of 1988 dated 29 -4 -1989. The accused has been convicted under section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years and a fine of Rs. 3,000 and in default of the payment of the same, to suffer further rigorous imprisonment for six months.

(2.) Briefly, the prosecution case is that Kumari Champa had gone to the jungle to graze the cattle and while she was coming back with a bundle of fuel wood on her head, the accused intercepted her. He dragged her and raped her. After committing the crime, he ran away from the scene, Shrimati Amkoo Devi (PW 7) could locate her only when she was called to the place by the prosecutrix who was found there in a deplorable condition. Her shalwar had been taken away by the accused with the result that Amkoo Devi used her shawl to protect the prosecutrix. She was brought home where the prosecutrix narrated the incident to Shrimati Amkoo Devi, her father Anant Ram (PW 2) and her mother. The matter was reported to the Pradhan, Gram Panchayat, Shri Sant Ram (PW 4), Paras Ram (PW 5) and a few others of the village. The matter was reported to the police on 6 -2 -1988. The police commenced the investigation, recorded the statements of various witnesses, arrested the accused and also recovered the shalwar (Ex. PB>, as a consequence of the disclosure statement by the accused, at a short distance from the place of occurrence where it has been concealed by the accused after the commission of the offence. On completion of the investigation, the accused was tried for an offence under section 376 of the Indian Penal Code, He has denied the commission of the offence and has stated that the case has been falsely initiated on account of enmity between him and the family of the prosecutrix The enmity stated by him relates to his illicit relations with the sister -in -law of the prosecutrix, Shrimati Amkoo Devi (PW 7). He has also examined three witnesses in his defence. The matter ultimately ended in the aforesaid conviction and sentence of the accused, hence this appeal by him to assail the same.

(3.) While admitting the appeal on 30 -6 -1989, show -cause notice was issued to the accused asking him to show -cause why punishment be not enhanced to life imprisonment In pursuance of this notice, the accused appeared in the Court on 8 -8 -1990 and submitted that he would make his submissions through his Counsel, Shri M. G. Chitkara, at the stage of the final hearing of the matter.