SHER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused, has been tried, convicted and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.10,000/- for commission of an offence punishable under Section 376 of the Indian Penal Code vide judgment dated 1.6.2012, passed by learned Sessions Judge, Kullu, in Sessions Trial No.45 of 2011.

(2.) The legality and validity of the impugned judgment of conviction so passed against the accused has been assailed before this Court in the present appeal on several grounds, however, mainly that from the evidence available on record no case against him is made out and he has been convicted and sentenced erroneously. It is submitted that the prosecutrix is not a credible witness and in this case corroboration to her testimony from some independent source was required. She being more than 17 years of age was expected to show all kind of resistance, in case the accused wanted to assault her sexually. Nothing to this effect has come on record and the prosecution case that he made her to drink some liquid and after drinking the same she felt drowsiness and it is under that state of Health, she was subjected to sexual intercourse is not proved at all as according to the accused, no investigation to ascertain the nature of that liquid has been conducted. The medical evidence also does not corroborate the testimony of the prosecution.

(3.) The accused and complainant party are residents of Village and P.O. Larankelo, Tehsil Manali, District Kullu, As a matter of fact, they are neighbours having their houses adjoining to each other. On 12.6.2011, the prosecutrix and her mother happened to meet the accused near his house. The prosecutrix allegedly had white spots on her face, therefore, her mother showed such spots on the face of the prosecutrix to the accused. The accused, who allegedly was practicing sorcery in that village proclaimed that he used to treat such white spots with the help of 'Mantras' and knife. He told the prosecutrix to come to his house at 7.00 a.m. in the morning with seven lemons for her treatment and that she will have to remain there upto 5.00 p.m.