STATE OF HIMACHAL PRADESH Vs. KHUSHI RAM

JUDGEMENT

(1.) PRESENT appeal filed against the judgment passed by the learned Additional Sessions Judge (II), Kangra at Dharamshala in Sessions Case No. 1 -N/VII/2006/05 titled State vs. Khushi Ram decided on 30.8.2008.

(2.) BRIEF facts of the case as alleged by the prosecution are that on dated 18.1.2004 complainant Jugal Kishore along with his wife prosecutrix and Pradhan Anil Kumar @ Pappu came in the Police Post Rahen and recorded criminal complaint. It is alleged in the complaint that the complainant is resident of Village Padher and is an agriculturist by profession and also used to perform religious functions. It is alleged by the complainant that about 9/10 years ago he was married with the prosecutrix. It is further alleged by the complainant that prosecutrix is disabled lady from her childhood. It is further alleged by the complainant that two children one son and one daughter were born from the loins of the complainant and from the loins of the prosecutrix. It is further alleged by the complainant that on dated 17.01.2004 he went to village Salana for performing religious function at about 2 p.m. noon. It is further alleged by the complainant that on dated 18.01.2004 at about 9.30 a.m. when he reached in his residential house then his mother namely Smt. Savitri Devi informed him that when she was not present in her house then at about 4 p.m. accused resident of Samkad Tehsil Fatehpur came and took the prosecutrix inside the room and forcibly committed rape upon the prosecutrix. It is further alleged by the complainant that incident of rape was witnessed by son of the prosecutrix namely Nikhil with his own eyes from the holes of doors from outside which was bolted from inside at the time of commission of rape. It is further alleged by the complainant that thereafter complainant inquired about the matter from his wife -prosecutrix by way of signs and she also confirmed the incident of forcible rape upon her. It is further alleged by the complainant that his son Nikhil eye witness of the incident also informed that accused also threatened not to disclose the incident to anybody otherwise he would kill the son of the prosecutrix. It is further alleged by the complainant that thereafter he immediately informed the Pradhan Anil Kumar about the incident of rape upon his wife who is disabled lady. It is further alleged by the complainant that accused took the musical instrument from him and he came in his residential house in his absence to return the musical instrument and committed forcible rape upon the prosecutrix. Cancellation challan was filed by the Investigating Agency but learned Committal Judicial Magistrate did not accept the cancellation report and committed the criminal case for regular trial in accordance with law. Learned Addl. Sessions Judge (II), Kangra at Dharamshala framed charge against the accused on dated 06.12.2007 under Sections 376 and 452 IPC. The accused did not plead guilty and claimed trial. Prosecution examined following oral witnesses: <FRM>JUDGEMENT_1343_TLHPH0_2014.html</FRM>

(3.) PROSECUTION also adduced following documentary evidence: <FRM>JUDGEMENT_1343_TLHPH0_20141.html</FRM>