VICKY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 26th June, 2013, by the learned Additional Sessions Judge, Sirmaur, District at Nahan, in Sessions Trial No. 28 -N/7 of 2012, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 25,000/ - for the commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and in default of payment of fine, he has been sentenced to undergo rigorous further imprisonment for one year.

(2.) THE prosecution case, is divulged in the F.I.R., lodged qua the occurrence. It contains a narrative qua the fact of on 23rd June, 2012 during day time at place Suketi within the jurisdiction of Police Station, Nahan, the accused having committed rape on minor prosecutrix PW -3. The prosecutrix had visited the room of the accused to watch television. The accused bolted the room from inside and opened the string of the Pajami of the said girl and massaged oil on her private parts and ultimately committed rape on the minor prosecutrix. On the prosecutrix shrieking the accused unbolted the door. The minor prosecutrix had weepingly come to her mother in the nearby quarter. She narrated the entire incident to her mother. The mother of the prosecutrix noticed the presence of oil on the thigh of the prosecutrix. The father of the prosecutrix arrived in his room during lunch hour at 1.30 p.m. On his arrival, the incident was narrated to him by the mother of the prosecutrix. The F.I.R. qua the incident comprised in Ext. PW -2/A was lodged at the instance of PW -2 Sana Ullah, the father of the prosecutrix.

(3.) ON completion of the investigation into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was presented before the learned Chief Judicial Magistrate, Sirmaur at Nahan. The learned committing Magistrate, after compliance of the statutory provisions, committed the case for trial to the learned Sessions Judge for trial.