(1.) THIS appeal is directed against the judgment dated 7.3.2013 and order of conviction dated 11.3.2013 rendered by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Sessions Trial No. 11/7 of 2012, whereby the appellant has been convicted under Sections 376 and 506 of the Indian Penal Code, while the appellant along with Sheela Devi and Tarsema Chaudhary have been acquitted for the offences punishable under Sections 313 and 201 read with Section 34 of the Indian Penal Code. The appellant has been sentenced to undergo rigorous imprisonment for a term of seven years and to pay a fine of Rs. 20,000/ - for the offence punishable under Section 376 of the Indian Penal Code. He was further ordered to suffer rigorous imprisonment for a term of two years along with fine of Rs. 5,000/ - for the offence punishable under Section 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently The period of detention undergone by him was set off against the sentence of imprisonment. In lieu of default in making the payment of fine amount, he was further ordered to suffer rigorous imprisonment for a term of six months and one month respectively under both counts, i.e. under Sections 376 and 506 of the Indian Penal Code. The case of the prosecution, in a nutshell, is that the matter was reported on 21.11.2011 by the prosecutrix (PW1) to the Police Post Namhol along with her father, Roshan Lal (PW3), mother Sukh Dei (PW2) and brother -in -law Gopal Krishan. The information was reduced to Rapat, i.e. PW7/A. Ex. PW7/A was sent to the Police Station Barmana, on the basis of which an FIR, Ext. PW19/A was registered. According to the prosecutrix, on 10.8.2011 she was all alone in her house. Her parents had gone out in connection with work. Her mother was working as helper in Govt. Primary School, Dib and her father was a casual labourer. The appellant, Dharampal, was running a shop at a place known as 'Dagsech' on National Highway -88. The parents of the prosecutrix used to take grocery and other articles on credit basis from the shop of the appellant. On 10.8.2011 at about 1.30 P.M., she went to the shop of the appellant for taking rubber, pencils, pen, Nirma and mustard oil. She was given rubber, pencils, copies by the appellant. However, she was sent by the appellant to bring Nirma and mustard oil from another room. When she went in the room to take Nirma and mustard oil, the appellant at once closed the shutter of the shop and came in the inner room. The prosecutrix asked why shutter was closed. She cried 'Bhabi -Bhabi'. The appellant said her to stop crying. When she tried to open the shutter, the appellant caught hold of her arms and laid her on the floor. Her mouth was gagged by one hand and with another hand string of her 'salwar' was broken. Thereafter, the appellant forcibly put his private part in her private part and she was forcibly subjected to sexual intercourse against her will. She was helpless being minor. Further, the appellant threatened her to kill along with her family if she would disclose the matter to anybody. Due to fear, she did not disclose the matter. On 15.11.2011, she disclosed to her mother that her menses have stopped for the last 2 -3 months and then narrated the entire incident to her mother. On that day, father of the prosecutrix had gone to attend the marriage. On reporting the matter, the Investigating Officer (PW21) sent her to hospital for medical examination along with L.C. Shabana. She was medically examined by Dr. Kavita Kumari (PW11) on 21.11.2011 at 9.30 A.M. She (PW11) advised urine test for pregnancy, USG for the period of gestation/product of conception and X -rays for the determination of the age of the prosecutrix. On 29.11.2011, urine test for pregnancy was found positive. PW11 gave final opinion on 30.11.2011 stating that as per Gynecologist opinion, the prosecutrix was pregnant and aborted before 25.11.2011. The appellant was arrested. He was medically examined. Supplementary statements of the prosecutrix and her mother were recorded. According to their supplementary statements, on 15.11.2011 when the prosecutrix disclosed the incident to her mother, she (PW2) went to the appellant and his wife Sheela Devi. They assured to get the prosecutrix checked up and the in the intervening night of 18/19.11.2011 both the appellant and Sheela Devi had taken the prosecutrix along with her mother to the clinic at Bada -da -Ghat, where abortion of the prosecutrix was done by Dr. Tarsema Chaudhary. The demarcation of the clinic was also undertaken on 6.12.2011. The birth certificate of prosecutrix Ext. PW4/B along with copy of Pariwar Register, Ext. PW4/C was obtained. The matter was investigated and the challan in the Court was filed after completing all the codal formalities.
(2.) THE prosecution examined as many as 22 witnesses. The learned trial Court convicted and sentenced the appellant for having committed the offences punishable under Sections 376 and 506 of the Indian Penal Code with fine, while the appellant, Sheela Devi and Dr. Tarsema Chaudhary were acquitted for having committed the offences punishable under Sections 313 and 201 read with Section 34 of the Indian Penal Code/as stated hereinabove.
(3.) MR . Parmod Thakur, Addl. Advocate General, supported the impugned judgment dated 7.3.2013 and order of conviction dated 11.3.2013.