SHYAM LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) ALL these appeals are being disposed of by a common judgment as they all arise from a judgment, rendered on 31.03.2008, by the learned Additional Sessions Judge, Fast Track Court, Shimla, Himachal Pradesh, in Sessions Trial No. 21 -S/7 of 2007, whereby, accused Shyam Lal has been acquitted for the commission of offences under Sections Section 363/34 and 366(A)/34 IPC and convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 25,000/ - and in default of payment of fine, he was to further undergo rigorous imprisonment for a period of one year. All the other co -accused have been acquitted of the offences charged against them under Sections 363/34 and 366(A)/34 IPC.

(2.) BRIEF facts of the case are that on 8th July, 2007 at 10.00 a.m. prosecutrix's father Dharam lodged a Rapat No. 4 with Police Post Fagu, alleging therein that on 7/7/2007 his daughter went to school in the morning but did not return home in the evening. On the very same day, Dharam, father of the prosecutrix, again went to the police post at about 11.00 p.m. and alleged that her daughter on return told to his wife that on 7.7.2007 when she was returning home after school hours, accused Shyam Lal, accused Ram Lal and another boy of whose name she was not aware met her on the road. These three persons enticed her away with a view that she ties the nuptial knot with accused Shyam Lal. Then accused Shyam Lal, Ram Lal and the third person took her to the jungle, forced her to wear the clothes which they had brought and took her towards Narjhat. A vehicle was already parked there. Accused Shyam Lal and others forced her to get into that vehicle. During the night, they reached Shimla where she was made to stay in some hotel. She and accused Shyam Lal slept in one room, whereas, accused Ram Lal and the third boy went to sleep in other room. During the night accused Shyam Lal had coitus with her. She was kept by the accused in their custody. On 8.7.2007 the accused freed her by saying that her parents have reported the matter to the police and she should go back to the house.

(3.) THE respondent -accused Shyam Lal, was charged for his having committed offences punishable under Sections 363/34, 366A/34 and 376 IPC, whereas accused Ram Lal, Deepak Kumar, Sahi Ram and Partap Singh were charged for having committed offences punishable under Sections 363/34, 366A/34 IPC by the learned trial Court, to which they pleaded not guilty and claimed trial.