PUNIT THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 30/31.5.2008 rendered by the Additional Sessions Judge, Fast Track Court Una in Sessions Trial No. 19/2007 whereby appellant, who was charged with and tried for offences punishable under sections 363, 307 and 376 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/- for offence under section 376 of the Indian Penal Code and in default of payment of fine, he was ordered to undergo simple imprisonment for one year. He was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/- for offence under section 307 of the Indian Penal Code and in default of payment of fine, he was ordered to undergo simple imprisonment for one year. He was also convicted and sentenced to undergo simple imprisonment for three years and a fine of Rs. 5,000/- for offence under section 363 of the Indian Penal Code and in default of payment of fine, he was ordered to undergo simple imprisonment for six months. All these sentences were ordered to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that complainant PW-3 Paramjit Singh is resident of village Kuthera Jaswalan, Police Station, Gagret, District Una. Prosecutrix/victim is one of the daughters of complainant. She was 8 years old and was studying in 4th class. On 8.6.2007, in the evening at about 4.00 P.M., she left her house for playing out side. She did not return till 6.00/7.00 P.M. Complainant and other villagers searched for her whole night, but without any success. Ultimately, in the morning at about 4.00 A.M., she was found lying unconscious in naked condition in a jungle known as "Chaudharian-Da-Panga". Her clothes were found lying in the bushes. There were injury marks on her face and neck. Her neck was tied with her Dupatta. She was brought to the house. She regained consciousness. She disclosed that she was lifted and taken to jungle by Rikki, brother of Pooja, resident of Kuthera Jaswalan. He removed her clothes and committed rape on her. She was beaten up and assaulted by Rikki, who attempted to kill her by tying Dupatta around her neck with force. She became unconscious. She was taken to hospital at Gagret. She was medically examined by PW-2 Dr. Ninu Narula vide MLC Ex.PW-2/A. She informed the doctor about the incident. The doctor accordingly informed the police. PW-22 Amar Singh recorded the statement of complainant PW-3 under section 154 of the Code of Criminal Procedure vide Ex.PW-3/A. Consequently, FIR Ex.PW-18/A was registered against the appellant. PW-22 reached the spot and got prepared photographs of the spot. He prepared spot map Ex.PW-22/D. He recovered a pair of 'V' shape Chappals, which was lying there. These were taken into possession vide recovery memo Ex.PW-5/A. Appellant was arrested on 9.6.2007. He was medically examined. PW-14 Dr. Pancham Kumar issued MLC Ex.PW- 14/A. Appellant made disclosure statement Ex.PW-6/A on 14.6.2007. On the basis of the disclosure statement, shirt Ex.P-2 and pants Ex.P-3 were recovered by the police from the house of appellant vide recovery memo Ex.PW-6/B. Prosecutrix remained admitted in the hospital with effect from 9.6.2007 to 20.6.2007. She was examined by PW-24 Dr. Vipan Sharma, PW-23 Dr. Rajan Angra, PW-16 Dr. Indu Bhardwaj and PW-20 Dr. Haroop Kaur. Statement of prosecutrix was also recorded by the police in presence of Naib Tehsildar vide Ex.PW-12/A. The birth certificate of the prosecutrix was obtained from Gram Panchayat, Kuthera Jaswalan. Clothes of the prosecutrix as well as that of appellant were sent to F.S.L. Junga. Investigation was completed and challan was put up in the court.

(3.) Prosecution examined as many as 25 witnesses to prove its case against the appellant. Appellant was examined under section 313 of the Code of Criminal Procedure. He denied the charges. Appellant also examined two witnesses, namely, DW-1 Rakesh Kumar and DW-2 Dharam Pal. Additional Sessions Judge, Fast Track Court, Una convicted and sentenced the appellant as noticed above.