MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenge herein is to the judgment dated 31.8.2012, passed by the learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No.15-N/7 of 2006, whereby the appellant, hereinafter referred as 'the accused', has been convicted and sentenced to undergo seven years rigorous imprisonment and to pay Rs. 10,000/- as fine under Section 376 (1) of the Indian Penal Code.

(2.) The legality and validity of the impugned judgment has been questioned on various grounds, however, mainly that no legal and acceptable evidence has come on record suggesting the involvement of the accused in the commission of the offence. The medical evidence relied upon to hold the prosecutrix a minor aged four years two months is said to be neither plausible nor acceptable. It is also submitted that the process to take blood sample of the accused for conducting DNA test is also not proved satisfactorily.

(3.) The accused was a teacher by profession. It is in the first week of November, 2004, around 10-11 p.m., he visited the house of PW-1 Ran Singh, sought his permission to sleep there during that night. PW-1 allowed the accused to sleep there, however, in another house situated nearby from the house where he himself was sleeping with his wife. In the said house where the accused was made to sleep, besides daughter of PW-1 (prosecutrix), his son Om Parkash (PW-3), were also sleeping. It is somewhere in the midnight accused subjected the prosecutrix (mentally retarded) to sexual intercourse. On hearing her cries, though PW-3 Om Parkash woke-up, however, came out of the room. PW-3 disclosed the occurrence after 3-4 days to his cousins. The accused was allegedly absconding and did not turn up to his house. After 2-3 months the prosecutrix was found to have conceived child on account of sexually assaulted by the accused. Her father PW-1 went to the accused in his house. On enquiry, he made the accused to confess his guilt and he promised to take the prosecutrix with him. He, however, did not honour his commitment. In the meanwhile, the prosecutrix had delivered a female child on 21.6.2005. This has led in registration of FIR against the accused. The investigating agency conducted the investigation and on finding evidence against the accused filed report against him under Section 173 of the Code of Criminal Procedure.