DESH RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS jail appeal stands preferred by appellantaccused Desh Raj assailing the judgment dated 16.9.2008, passed by learned Presiding Officer/Addl. Sessions Judge, Fast Tack Court, Hamirpur, H.P., in Sessions Trial No. 3 of 2008/RBT No. 5 of 2008, titled as State of Himachal Pradesh vs. Desh Raj, whereby he stands convicted for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 10 years and pay fine of Rs. 10,000/ - for an offence punishable under Section 376 IPC and rigorous imprisonment for a period of two years and fine of Rs. 2000/ - for an offence punishable under Section 506 IPC.

(2.) IT is the case of prosecution that prosecutrix (PW - 3) used to reside with her father, mother Santosh Kumari (PW -2), and brother in village Ladhwin, District Hamirpur, H.P. On 25.9.2007, Santosh Kumari had gone to village Balokhar. Same day at about 2.30 p.m. prosecutrix, aged 14 years, having a low Intelligent Quotient (in short I.Q.), had gone for washing clothes at the "bauri" (water body) in the village. There accused caught her from the arm, took her behind the chakki (flour mill), tore her shirt and salwar and committed rape. Thereafter he threatened her not to disclose anything, least she would be killed. He also gave her a note of '5/ -. Prosecutrix returned home, washed herself as also her clothes. At about 8.00 p.m. when her mother returned she noticed prosecutrix to be in a frightened state who also complained of pain below her stomach. On query prosecutrix narrated occurrence of the incident to her mother. Father of the prosecutrix did not return home that day, hence the following morning Santosh Kumari reported the matter to Smt. Geeta Devi (PW -7), pradhan of the village, who telephonically informed the police about the incident on the basis of which report (Ext. PW -8/A) was recorded at Police Station Bhoranj. Inspector Baldev Singh (PW -19) Incharge of police station left for the spot along with police party where he recorded statement of Smt. Santosh Kumari (PW -2) under the provisions of Section 154 Cr. P.C. (Ext. PW -2/A) on the basis of which F.I.R. No. 153 of 2007, dated 26.9.2007 (Ext. PW -14/A) was registered against the accused under the provisions of Sections 376 and 506 of the Indian Penal Code. Police conducted necessary investigation on the spot. Clothes belonging to the prosecutrix i.e. shirt (Ext. P -1) and salwar (Ext. P -2) were taken into possession vide memo (Ext.PW -2/B). Dr. Monika Sharma (PW -16) medically examined the prosecutrix and issued MLC (Ext. PW -16/B). Dr. Ramesh Kumar (PW -1) examined the prosecutrix to determine her I.Q. level since police found her to be mentally retarded. As per opinion of the Doctors, prosecutrix had an IQ level of 32 and possibility of her being raped could not be ruled out. Radiological age of the prosecutrix was got determined from Dr. P.K. Soni (PW -4) who as per opinion (Ext. PW -4/G) found the age to be between 14 to 16 years. Also, Dental Surgeon Dr. Rajan Bhardwaj (PW -5) opined the age of the prosecutrix to be between 13 to 14 years as per MLC (Ext. PW -5/A). Clothes and vaginal swab of the prosecutrix were sent for examination and report of F.S. L. Junga (Ext. PW -16/E), prepared by Dr. Gian Thakur (PW -18) was taken on record by the police. With the completion of investigation, which revealed complicity of the accused in the crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as nineteen witnesses and statement of the accused under Section 313 Cr. P.C. recorded, in which he pleaded innocence and false implication. No evidence in defence was led by the accused.