INDER PAUL Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant/accused (hereafter referred to as 'the accused') against the judgment dated 1.7.2003 passed by the learned Sessions Judge, Kangra, at Dharamshala whereby the accused has been convicted under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 2,000 and in default of payment of fine to undergo further rigorous imprisonment for six months.

(2.) Briefly stated, case of the prosecution against the accused is that on 6.8.2001 the prosecutrix (PW-3) had gone to Nadoli forest to graze her cattle. At about 12 noon accused met the prosecutrix in the jungle and enquired from her if she had any knowledge about the whereabouts of his mules. The prosecutrix responded in the negative. Thereafter the accused caught hold of the prosecutrix and threw her on the ground. The prosecutrix raised cries which were not heard by anyone. The prosecutrix then tried her best to get rid of the accused but could not succeed. The accused wrapped her 'Dupatta' on her wrist and after removing her Salwar committed rape on her. After the commission of the crime, the accused took the Chappal and Drati of the prosecutrix and left the place. Because of the force used by the accused in the commission of the offence prosecutrix suffered injuries. After the occurrence the prosecutrix returned home but her husband was not present there. Then she went to the Police Post, Kotla and got recorded statement Ext. PW-3/A on the basis of which FIR Ext. PW-8/A was registered by MHC Vishesh Kumar (PW-8) at Police Station, Shahpur and the investigation followed. The prosecutrix was got medically examined and the MLC issued by Dr. Anuradha Chaudhary (PW-1) on examination of the prosecutrix is Ext. PW-1/B. At the time of medical examination of the prosecutrix her Salwar Ext. P- 2, two glass slides of vaginal smear, smear from vulva, swab from vagina, blood sample and public hair Exts. P-3 to P-7 were preserved by PW-1 for the purpose of chemical analysis and were later sent for such analysis and the reports of the Chemical Examiner in this regard are Exts. PW-1/C and PW-1/D. The accused was arrested and was got medically examined from Dr. Mohan Singh (PW-2) and the MLC about his medical examination is Ext. PW-2/B. While in police custody the accused made a disclosure statement Ext. PW-4/A about the Chappal (Ext. P-10) and Sickle (Ext. P-11) as a consequence whereof Ext. P-10 and P-11 were recovered vide Memo Ext. PW-3/C.

(3.) On being satisfied of the involvement of the accused in the commission of the offence, the concerned S. H. O. submitted a charge- sheet against the accused who thus came to be tried by the learned Sessions Judge, Kangra at Dharamshala on a charge under Section 376, IPC.