COURT ON ITS OWN MOTION Vs. RAJU

JUDGEMENT

(1.) ON the basis of a news item, suo moto action was taken by this Court and the judgment dated 28.4.2011, passed by learned Additional Sessions Judge, Kinnaur at Rampur, Himachal Pradesh, in Sessions Trial No.32-AR/7 of 2010, titled as State of Himachal Pradesh versus Raju, was called for. After perusal of the same, the present petition was registered as Criminal Revision No.79 of 2011. In terms of the impugned judgment, accused-respondent Raju stands convicted of having committed an offence, punishable under the provisions of Section 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and pay fine of Rs.2,000/-. In default of payment of fine, accused is to further undergo simple imprisonment for a period of three months.

(2.) BRIEFLY stated, case of the prosecution is that accused Raju was married to Smt. Bimla Devi (PW-1). Through their wedlock four children were born. Prosecutrix (PW-10) was the eldest amongst the children. Accused was employed as a labourer with contractor Shri Jai Prakash (PW-3). They were living in a tented accommodation at the work site in village Narain (Kul). Accused had a separate tent where he lived with his family. On 15.10.2009 at 10 a.m., accused consumed liquor and gave beatings to his wife Smt. Bimla Devi (PW-1). Resultantly, she went to village Mandog, where she spent the night in the house of the contractor. Same day, in the evening, while prosecutrix was sleeping with her younger brother and sister in the tent, the accused came in a drunkard condition at about 10-11 p.m. He slept with the prosecutrix and forcibly opened her Pyjama. When she protested, he gagged her mouth with a blanket and then twice raped her. In the early hours of the morning of 16.10.2009, prosecutrix narrated the incident to Ms Meena (PW-2), who was also living in a tent close-by. Thereafter, she went to village Mandog and narrated the incident to her mother. From there both PW-1 and PW-10 came to Rampur and reported the matter to the police at Police Station Rampur, where FIR No.195, dated 16.10.2009 (Ex.PW-9/A), under the provisions of Section 376 of the Indian Penal Code was registered.

(3.) WITH the completion of investigation, challan was presented in the Court for trial.