KUMBH DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused Kimsu alias Fimsu and Mangat Ram have been convicted under Section 360 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000 each and in default of payment of fine, to undergo further rigorous imprisonment for six months. Accused Kumbh Dass has been convicted under Section 376 of the Indian Penal Code. He has been sentenced to rigorous imprisonment for ten years and to pay a fine of Rs. 2,000 in default of payment of fine, to undergo further rigorous imprisonment for one year. Their conviction and sentence has been recorded by the trial Judge in Sessions trial No. 8-S/7 of 1988, dated 5-7-1991, in appeal before us, at the Instance of the accused.

(2.) The prosecution case, briefly, is that prosecutrix Durga Devi (PW 9), was living with her 'Mausa' Molu Ram (PW 6) since her parents had died at the age of six and she has no brother or sister. On 30 3-1987, daughter of Molu Ram (PW 6), namely, Chinta Devi, went to her in-laws from her parents bouse and the prosecutrix accompanied her. After staying there for the night, she started coming to her house. While on the way, she was way-laid by accused Kimsu and Mangat Ram at 'Dimnu'. Accused Kimsu gripped her forcibly by the arms and dragged her to his house nearby. He also asked her to marry accused Kumbh Dass. She was also offered and promised that in case she married Kumbh Dass, she would be given gold and silver Co-accused Mangat Ram also supported accused Kimsu and gave similar allurements to her. He also gripped her tightly and both of them took her to the house of accused Kumbh Dass forcibly.

(3.) When they reached at the house of accused Kumbh Dass, although his father was available, but accused Kumbh Dass was not there. Accordingly, she was kept there for three days by both the accused and accused Kumbh Disss also joined them. Accused Kumbh Dass started committing sexual intercourse with her He used to sleep with her and subject her to repeated sexual intercourse during all the three days. She was taken to the house of accused Kimsu and they stayed there for the night, though without committing sexual intercourse. Thereafter, accused Kumbh Dass took her to village 'Chatti' where they stayed in the house of one Shrimati Sheela Devi for 6/7 days. During this time also, accused Kumbh Dass committed sexual intercourse with the prosecutrix. From the house of Shrimati Sheela Devi, the prosecutrix was taken to Rampur by accused Kumbh Dass and the co-accused also joined him there. Some document was got executed from her forcibly giving an impression to her that she was married to accused Kumbh Dass. She was brought to the house of Kumbh Dass in village 'Gwah'. In the meantime, her cousin Nohia Ram (PW 5) had started searching for her and it had been noticed that the prosecutrix had been forcibly confined by the accused. The matter had already been reported to the police vide First Information Report (Ex. PW 5/A). The police, with Nohia Ram (PW 5), came to the house of Kumbh Dass and arrested the accused and recovered the prosecutrix According to the prosecution, the age of the prosecutrix was 13/14 years only.