STATE OF HIMACHAL PRADESH Vs. RAMU

JUDGEMENT

(1.) Assailing the judgment dated 14.09.2007, passed by learned Sessions Judge, Solan, H.P. Camp at Nalagarh, in Case No.7-NL/7 of 2007/2006, titled as State of Himachal Pradesh Versus Ramu, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that prosecutrix was residing with her parents, namely, mother Kamla (PW.2) and father Ram Ji Mal (PW.4) at Nalagarh. Sometime, in the month of March 2006 (exact date not mentioned), prosecutrix was subjected to repeated forcible intercourse by the accused, resulting into her conception. On 02.08.2006, to this effect, FIR No.199/2006 (Ex. PW.1/A) was lodged against the accused, at Police Station, Nalagarh, under the provisions of Sections 376 and 506 of the Indian Penal Code. Allegedly at the time of commission of crime, prosecutrix had not crossed the age of discretion and was a minor (below 16 years). The matter was investigated by Sher Singh (PW.13), who got the prosecutrix medically examined from Dr.Brind Kapil (PW.6), who issued MLC (Ex.PW.6/B). For determining the radiological age, skiagram test was conducted by Dr.M.R. Verma (PW.7), who issued report/medical record (Ex.PW.7/A, Ex.PW.7/B, Ex.PW.7/C to Ex.PW.7/E and Ex.PW.7/F). Further necessary investigation was carried out by the Investigating Officer. Investigation revealed complicity of the accused in the alleged crime, hence Challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sections 376 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.