SASHI KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant is aggrieved by his conviction under Section 376, 363 and 366 of the Indian Penal Code (hereinafter referred to as the IPC) and has been sentenced as under: <FRM>JUDGEMENT_4301_CRLJ_2013_1.html</FRM>

(2.) The prosecution case in brief is that on 19.8.2008 at around 11.30 A.M. accused kidnapped minor prosecutrix (PW3) from the lawful guardianship of her parents and grand-mother from Depot Bazar, Dharamshala and took her to Kangra and Chetru without the consent of her parents with the intention of compelling her to marry him and committed the rape with her during the intervening period upto 20.8.2008 when both the accused and the prosecutrix were produced before the police by the parents of the accused. The learned trial Court, considers the statement of PW-3, prosecutrix who states that she was born on 4.9.1992 and has two brothers. Her father is mechanic by profession and was running business of workshop at Civil Bazar, Dharamshala and her mother was posted as peon in the PNB. She had studied upto 8 th class in Adarash Sanatan Dharam School whereafter she tried for higher education but she did not succeed. Her parents were residing in Sakoh. Her father had sustained injuries in an accident and was required to be taken to Dharamshala hospital for regular treatment. She became friendly with the accused who used to take her father in his taxi to the hospital. On 19.8.2008 at around 11 a.m. when she came out of the house to throw ruined/spilled milk on the road, the accused met her. He told her to meet her at Sham Nagar road, whereupon, she informed her grand other that she would come after some time. She states that she was forcibly taken in the vehicle to Kangra, from Kangra to Matour. From Matour accused took her Sudhed and dragged her to a cattle shed where he had forcibly sexual intercourse with her. On the next day they went to Depot Bazar where one lady met to them and thereafter they went to Tanda Medical College. During the previous night they slept in the taxi of the accused. On 21.8.2008 she was taken to Nagrota to the house of the accused. His father came after some time and his parents took them to the police station. She was medically examined by PW-13 Dr. Harrop Kaur, Medical Officer, Zonal Hospital, Dharamshala and proved her MLC Ex.PW13/A. Her clothes, salwar Ex.P.1, shirt Ex.P2, undershirt Ex.P3 and bra Ex.P4 were taken into possession. She was crossexamined, when she states that accused used to visit her house for about the last four years to take her father to the hospital and during this period, she developed intimacy with the accused. They used to roam around together. She says that she wanted to marry the accused. They were regularly communicating on the landline telephone. She admitted the suggestion that he used to go with the accused in his taxi prior to the incident, though she denied the suggestion that on the date of occurrence she went with him of her free will and consent. She asked the accused to drop her near Sham Nagar but he did not allow her to alight from the taxi. She states that she was dragged to the cattle shed where she was raped. She had been warned by the accused that in case she raises an alarm in public he would finish her family members. She then states that she did not try to come to Dharamshala from Medical College, Tanda because her clothes were dirty. On 20.8.2008 the accused again raped her in the vehicle. At that time, she was menstruating. She has stated that her parents did not want to marry her with the accused. She admits that she did not raise any alarm at Depot bazaar because all the shops were closed at that time. She was dropped in the market 10 a.m. and came back after 10 minutes when some lady, who was residing in the vicinity of her house (colony) who was driven to Tanda Medical College. She admits that many students used to go to the school at 9 to 10 a.m. She also states that at Sudhed the accused had gone to buy some biscuits and she was alone in the taxi. She states that no person came to her rescue when she raised an alarm at Medical College Tanda, when the lady had gone to the hospital, though many persons were present there. She did not narrate this incident to anybody there. On 20.8.2008 they were roaming around various places. She admitted that both of them had promised each other to marry and they loved each other.

(3.) PW-1 Smt. Sunita Devi, mother of the prosecutrix says that she was posted as peon in PNB, Bank and her husband was running a shop of mechanic of repairing motorcycle etc. The accused had been engaged by them to drive her husband to the hospital for regular routine check up. On the fateful day she went to the bank and at around 1 P.M. her son Mohit informed her that prosecutrix was not at home. She immediately took leave and rushed home. She inquired from her relations and acquaintance but she was not found there. On 20 th August, 2008 they informed the police. On 21.8.2008 they were informed by the police that the prosecutrix was in the police station. Thereafter they (she and her husband) went to the police station where she found the prosecutrix. She had been informed by her daughter that she had been raped. She admits that the accused was a frequent visitor to her house and it is during this period that the prosecutrix developed intimacy with her. She also admits that during this period they used to roam around without any protest from the parents. She also admits the friendship of the prosecutrix with the accused. PW-2 Shri Santosh Kumar, father of the prosecutrix corroborates these facts. PW-4 Smt. Shanti Devi, grand mother of the prosecutrix says that on the fateful day, the prosecutrix told her that she was going to the toilet to ease herself. She also states that she had seen the prosecutrix while going in the taxi with the accused.