MANOHAR LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Manohar Lal, hereinafter referred to as the accused, has assailed the judgment dated 27.9.2007, passed by Additional Sessions Judge -II, Kangra at Dharamshala, in Sessions Case No. 3 -K/VII/2007, titled as State v. Manohar Lal, whereby he stands convicted of the offence punishable under the provisions of Sections 376 and 506 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay fine of Rs. 20,000/ -, and default thereof to further undergo rigorous imprisonment for a period of two years, in relation to offence punishable under Section 376 of the Indian Penal Code; to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 2,000/ -, and in default thereof to further undergo rigorous imprisonment for a period of six months, in relation to offence punishable under Section 506 of the Indian Penal Code.

(2.) IT is the case of prosecution that the accused was residing with his daughter, i.e. prosecutrix (PW -2) and son Munish Kumar (PW -3) in village Rumehar, Tehsil and District Kangra. Accused had three daughters and one son. His wife died sometime in the year 1995. He himself brought up the children. He got his two daughters married, after death of his wife. Thereafter, he started residing with the prosecutrix and his son. In the month of September, 2006, when menstruation period of prosecutrix stopped, on 21.9.2006, she approached her neighbour Sushma Devi (PW -4), Pradhan of Mahila Mandal, whom she called as "Chachi" and disclosed that for the last three years, she had been subjected to rape by her father, who also threatened her not to disclose the incident to any one, lest she be killed with a Drat. PW -4 immediately contacted Pushpa Devi (PW -5), engaged with Chinmay Social Organization as a Social Worker, in the social Justice Informal Legal Cell. Prosecutrix also narrated the incident to her neighbour Varsha Devi (PW -6). Prosecutrix was immediately taken to Police Post, Nagrota Bagwan, where report (Ex. PW -15/A) was lodged, which was forwarded to Police Station, Kangra, through HC Naresh Sharma (PW -18). SI Desh Raj (PW -20), Incharge Police Post, Nagrota Bagwan, recorded statement of the prosecutrix on 21.9.2006, on the basis of which FIR No. 374/06, dated 21.9.2006 (Ex. PW -19/A), under the provisions of Sections 376, 506 of the Indian Penal Code, was registered at Police Station, Kangra, Himachal Pradesh. Accused was arrested. Both he and prosecutrix were sent for medical examination. Accused was medically examined by Dr. H.S. Sohal (PW -7), who issued MLC (Ex. PW -7/B) and prosecutrix was got medically examined from Dr. Anju (PW -22), who issued MLC (Ex. PW -22/C).

(3.) INVESTIGATION revealed complicity of the accused in the alleged crime and as such challan was presented in the Court for trial.