SOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11.5.2009 rendered by the Additional Sessions Judge, Fast Track Court, Shimla in Sessions Trial No. 3 -S/7 of 2009 whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 376 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs. 25,000/ - under section 376 of the Indian Penal Code and in default of payment of fine, he has been ordered to undergo rigorous imprisonment for a period of two years.

(2.) CASE of the prosecution, in a nutshell, is that a written complaint dated 12.10.2008 (Ex. PW -2/A) was lodged with the Station House Officer, Police Station, Dhalli by PW -2 Ramla Thakur (mother of prosecutrix). According to her, she and her family members were residing in village Malyana in the house of Sh. Sant Singh Kanwar. Her husband was running a tyre repair/puncture shop at Malyana. She was mother of only one daughter. She was approximately 5 years old. She was studying in K.G. Class. On 10.10.2008, in the evening, the prosecutrix told her that she is having great pain and burning sensation in her private parts. She checked the private parts of her daughter and found swelling. Next day, on 11.10.2008, she took her daughter to Kamla Nehru Hospital, Shimla for check up. The doctor told that the prosecutrix has been sexually abused and referred her to Indira Gandhi Medical College and Hospital, Shimla for check up/treatment. When the Medical officer conveyed to her that her daughter has been sexually assaulted, she remembered that on 7.10.2008 at about 7.30 P.M. she was preparing meals in the kitchen. The prosecutrix was playing in the verandah. When she came out of kitchen, she found that prosecutrix was not there in the verandah. She inquired about the whereabouts of her daughter from the neighbourers. Deepak alias Dinu disclosed to her that prosecutrix was in the quarters of Sohan Singh. She went to the room of accused. She found that the light inside the room was switched off and the curtains fixed on the windows were drawn. A towel had been hung on the window which was not having curtain. She knocked at the door of the room of accused which was bolted from inside. On hearing the knock, accused, who was inside the room, told the prosecutrix that her mother has come. He would open the bolt of the door and prosecutrix should go out of the room. The prosecutrix returned home. She inquired from prosecutrix as to why she had gone to the room of accused in the dark. She started weeping. The complainant did not pay any heed to the crying of the prosecutrix as the accused was having cordial relations with them. After returning from Kamla Nehru Hospital, she asked her daughter as to what the accused had done with her. The prosecutrix disclosed that she was sexually assaulted by the accused. The complainant narrated the entire incident to her husband on the basis of which endorsement Ex. PW -10/B was made by the S.H.O. Accordingly, FIR No. 221 of 2008 was registered at Police Station, Dhalli. The matter was investigated by the police. On the basis of the information supplied by the prosecutrix, site plan showing the place of incident was prepared. Three pieces of cloth, towel, underwear and bed sheet of the accused were taken into possession. The clothes of prosecutrix were also taken into possession. The same were sent for chemical test to the Himachal Pradesh Forensic Science Laboratory, Junga. The report of Forensic Science Laboratory, Junga was obtained. Human semen and blood were detected on the pieces of cloth. The extract of the O.P.D. register of Kamla Nehru Hospital, Shimla where the prosecutrix was initially examined on 11.10.2008 was obtained. After completing all the codal formalities, challan was put up in the Court.

(3.) MR . K.S. Kanwar has vehemently argued that the prosecution has failed to prove its case against the accused.