RAMU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 28th July, 2012, in Sessions Trial No. 15 of 2012, convict Ramu, hereinafter to be referred as 'the accused', has preferred this appeal for setting aside the same on the grounds, inter alia, that learned trial Court has not appreciated the evidence available on record in its right perspective and rather misread and misconstrued the same while recording the findings of conviction against him under Sections 363 and 376 of the Indian Penal Code. It has further been pointed out that evidence as has come on record by way of the testimony of the prosecutrix has been given undue weight -age, particularly when the same, according to him, hardly inspires any confidence and rather contrary in nature.

(2.) THE prosecutrix (PW -1) (name withheld), is daughter of Piar Singh (PW -3) and Smt. Kamlesh Kumari (PW -2), is her mother. PW -3 has two houses one (new) in the valley side, i.e., below the road and another (old) in hill -side, i.e., above the road. He alongwith his father and sons, was sleeping in the new house, whereas his wife Smt. Kamlesh Kumari (PW -2), his mother and the prosecutrix in the old house. During the night intervening 26th/27th November, 2011, the prosecutrix was sleeping with her grand -mother aged around 62 years. The prosecutrix came out of the room around 10.00 p.m. to answer the call of nature. The accused allegedly gagged her mouth and took her to road where a pick -up bearing registration No. HP -68 -0116 was lying parked. She was made to board that vehicle forcibly. Accused drove the same towards Chamba side. On the way one Ramesh Kumar (PW -7) met them. He was going to river for doing fishing. The accused disclosed to Ramesh Kumar that the prosecutrix was the sister of his brother -in -law and that her mother was ill at Pathankot and that he had to drop her at Pathankot. Also that they had to catch the bus to Pathankot, therefore, requested said Ramesh Kumar to bring the vehicle back from the place where they are able to catch the bus. They, however, could not catch the bus. On the request of accused, said Ramesh Kumar made them to stay in the house of his relations at village Kakira and he came thereafter to the village alongwith the vehicle. A lady, the owner of that house made the prosecutrix and the accused to sleep in a room. There the accused subjected her to sexual intercourse twice during the night.

(3.) THE prosecutrix when asked by her parents as to where she was, the prosecutrix did not tell anything about the incident to them, of course, she revealed that she had gone to the house of her friend. It is on 30th November, 2011, she told her mother PW -2 for the first time that she was kidnapped on 26th November, 2011 at 10.00 p.m. by the accused and subjected to sexual intercourse during that night in a house at village Kakira. On such statement, the mother of the prosecutrix (PW -2) has lodged FIR Ext. PW -2/A in Police Station, Sadar, Chamba.