VIDYA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-6-1992 of Sessions Judge, Shimla whereby both the appellants have been convicted of offence under S. 366 IPC and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 500.00 each. Appellant No. 1 Vidya Singh has further been convicted under Ss. 368 and 376 IPC and sentenced to undergo rigorous imprisonment for two years and four years respectively and to pay a fine of Rs. 1,000.00 and Rs. 3,000.00 respectively. Appellant No. 2 Davinder Singh is also convicted under S. 109 read with Ss. 368 and 376 IPC and sentenced to undergo rigorous imprisonment for one year and two years respectively and to pay a fine of Rs. 500.00 and Rs. 1,000.00 respectively. In default of payment of fine imposed upon them, they were ordered to undergo further rigorous imprisonment as mentioned in the judgment.

(2.) The prosecution case was initiated at the instance of Budh Ram PW-7, brother of the prosecutrix Lakhpati PW-3, on his lodging report which was entered in Daily Diary Ext. PE, on the basis of which FIR Ext. PF was recorded. According to him, on 13-7-1991 his sister Lakhpati went to the house of Davinder, Pardhan to condole the death of his wife along with many other residents of his village and stayed in his house during the night. On next day i.e. 14-7-1991 when he had come to village Katgaon to watch tournament, he was informed by Pawan son of Rajinder Singh resident of village Kafnoo that in the morning his sister Lakhpati along with the daughter of Davinder, whose name he did not know, was coming to watch the tournament and when she reached near village Shango, Vidya Singh son of Shyama Nand with the help of his other companions abducted her. On receipt of this information, he had tried to locate his sister at places Durang, Kangrang etc. but did not find the whereabouts of her or Vidya Singh. The police started investigation and recovered prosecutrix Lakhpati from the house of one Hem Chand on 17-7-1991 from the custody of Vidya Singh. From her statement it was revealed that Vidya Singh with the help of Davinder Singh and others forcibly took the prosecutrix to Dowar (Cave) and thereafter to Kanda Jungle and kept in a Dogri from 14-7-1991 to 16-7-1991 where she was subjected to sexual intercourse by Vidya Singh without her consent and against her will. Lakhpati was got medically examined from Doctor Madhu Swami PW-14 and medicolegal certificate issued by her is Ext. PW-14/A. The wearing apparels of prosecutrix as well as underwear of Vidya Singh were taken into possession, which were sent for analysis to Forensic Science Laboratory, Shimla and the report is Ext. PG on record.

(3.) After investigation challan was put up against the appellants and one Raj Pal but he was discharged by the Sessions Judge vide order dated 25-11-1991. Only the appellants were charged and tried for offences under Ss. 366, 368, 376 read with S. 109 IPC To prove its case, the prosecution has produced as many as 17 witnesses but out of them the material witnesses are Lakhpati PW-3, the prosecutrix; Rajeshwari PW-16, who was accompanying the prosecutrix at the time of her abduction; Jogi Ram PW-2, who was one amongst those who had witnessed the occurrence and Budh Ram PW-1, brother of the prosecutrix, besides the statement of Doctor Madhu Swami PW-14.