AVTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant in this case Shri Avtar Singh is a young boy of about 20 years. He was charged and tried for the offence punishable under section 376 Indian Penal Code on the serious allegations of having committed rape on a child of about 5 years. The trial was conducted by the Sessions Judge Solan and Sirmor districts at Nahan. The learned Sessions Judge found the appellant guilty and accordingly after recording conviction for the offence charged, he sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1000/-. In default of payment of fine the appellant was directed to undergo further rigorous imprisonment for one year. The appellant has now approached this Court in appeal.

(2.) The appellant as also the victim of the offence whose name is Bubli, are both residents of the same village Kanoowala falling within the jurisdiction of police station Paonta Sahib. The victim being a child of tender age was not found to be competent witness and was, therefore, not examined at the trial. The prosecution version as it emerges from the evidence of other eye witnesses is that at about 5.30 p.m. on 14-2-1981 PW-3 Bahadur Singh while on his way from his shop to his house heared the cries of a child coming from a nearby sugar cane field. Attracted by such cries this witness proceeded towards that field. As he approached the field he saw the appellant who was known to him putting on the buttons of his pant. On seeing this witness, the appellant ran away from the spot. The witness saw the child Bubli lying unconscious in the field and bleeding from her vagina. Her pyjama besmeared with blood and stools was lying by her side. This witness raised an alarm Bhago Bhago (catch, catch). PW-4 Chhaju Ram and one Phangu Ram were at that time returning to the village after attending a marriage. They heared the alarm raised by PW-3 Babadur Singh. They also saw the appellant running away from the spot. Both these persons ran after the appellant and apprehended him. In the meanwhile Bahadur Singh (PW-3) also came there carrying the child in his hands. The child at that time was not putting on any pyjama and her naked legs showed that she was bleeding from vagina and had passed stools.

(3.) The appellant as also the victim Kunwari Bubli were taken by PW5. Bahadur Singh, Cbhaju Ram and Phangu Ram to the house of Prithi Singh (PW-2), the father of the child. Prithi Singh was at that time at his shop about 21 kilometers away from his house. He was summoned from there. After the arrival of Prithi Singh all these persons including the appellant and the victim Bubli proceeded to Police Station Paonta Sahib in a tractor. Immediately after reaching there, Prithi Singh (PW-2) lodged the First Information Report (Ex. P. C) which was recorded at 7.05 pm. at the police station; Soon after the appellant as also the victim Bubli were got medically examined at the civil hospital Paonta Sahib. The clothes on the persons of the appellant as also of Bubli were taken into possession by the police. In the course of investigation the police took into possession the blood stained sugar cane leaves and earth from the spot which along with the clothes of the appellant and the victim were sent to the Chemical Examiner for analysis. After completion of the investigation a charge sheet was filed in the Court of the Magistrate against the appellant. The Magistrate then committed the appellant to the Court of Sessions to face his trial.