VARINDER SUD Vs. STATE OF H.P.

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment dated 7.3.2003 passed by the learned Additional Sessions Judge, Shimla, in Criminal Appeal No. 13 -S/10 of 2001 whereby the sentence of imprisonment awarded to the accused -petitioner (hereinafter referred to as the accused) under Section 498 -A, I.P.C., has though been reduced but his conviction under Sections 498 -A and 323,1.P.C., has been maintained.

(2.) Case of the prosecution in brief is that Ranjana Devi (PW -6) was married to the accused in August, 1992 at Shimla. After about two months of the marriage the accused started telling PW -6 that her mother had not given anything in dowry and started forcing her to bring money and other articles of day -to -day use from her mother. PW -6 told the accused that her mother could not afford to give money and other articles as she had no means to do so. The accused thereupon started beating and maltreating PW -6.... She had, been writing letters about such maltreatment to her sisters and - had also informed her mother. On 10.1.1994 at about 9.30 p.m. when the accused and PW -6 went to sleep, the accused gave beatings to her and threw her on the ground. When she slept on the bed accused committed carnal intercourse with her. PW -6 then went to the house of one Kishan and telephonically informed her mother about the occurrence. On receipt of this information her sister (PW -7) went to her house and alongwith PW -7 she came to her parents house and lodged the F.I.R. Ext. PW -8/A at Police Station Dhalli. PW -6 was got medically examined and the M.L.C. about medical examination issued by Dr." Dayal Chauhan (PW -3) is Ext. PW -3/A. As per the medical opinion there was evidence suggestive of the fact that penetration of anal region of PW -6 had taken place and five injuries in the form of abrasions/bruises were also noticed on her person. At the time of medical examination of PW -6, her salwar, anal/perianal/rectal swab were taken and sealed by PVV -3 for the purpose of chemical analysis. On arrest accused was also got medically examined and as per the opinion vide MLC Ext. PW -3/B given by PW -3, the accused was found sexually potent and two injuries on his person were also detected. His pyjama and underwear were taken and sealed by PW -3 for the purpose of chemical analysis. The articles so taken in possession and sealed were sent to the State Forensic Science Laboratory for analysis and as per the report PW -4/A of Assistant Director of the said Laboratory, blood was detected on rectal smear and human semen was detected on pyjama and underwear of the accused. During the course of investigation the police took in possession letters Exts. P -1 to P -3 and envelope Ext. P -4 on production by Sangita Sud (PW -8). On being satisfied of the commission of offences by the accused, the Officer -incharge, Police Station Dhalli, submitted a charge -sheet against the accused who. came to be tried by the learned Additional Chief Judicial Magistrate, Shimla on a charge under Section 498 -A, 323 and 377, I.P.C. To prove the charge against the accused the prosecution examined 11 witnesses. Statement of the accused was recorded under Section 313 Cr. P. C. wherein the accused denied demand for dowry but admitted the beatings for which he requested for being excused. The accused, however, did not lead any defence evidence.

(3.) On appreciation of the material on record the learned trial Magistrate held the accused guilty of the commission of offences under Sections 498 -A and 323, I.P.C, however, he was acquitted of the offence under Section 377, I.P.C. After hearing the accused on sentence, the learned trial Magistrate sentenced the accused to undergo rigorous imprisonment for one year and fine of Rs. 2000/ - and in default of payment of fine to undergo simple imprisonment for three months under Section 498 -A, I.P.C, and fine of Rs. 1000/ - and in default of payment of fine to undergo simple imprisonment for three months under Section 323, I.P.C.