DEEP RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN this appeal filed under Section 374 Cr.P.C. convict Deep Raj has assailed the judgment dated 29.4.2013, passed by Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Sessions Trial No. 1/7 of 2013, titled as State of Himachal Pradesh versus Deep Raj @ Baddu, whereby he stands convicted of having committed an offence punishable under the provisions of Section 376 of the Indian Penal Code and sentenced to serve rigorous imprisonment for a period of seven years and pay fine of Rs. 20,000/ - and in default thereof, further undergo rigorous imprisonment for a period of three months.

(2.) IT is the case of prosecution that on 27th August, 2012, prosecutrix (PW.2) went to the house of Achla Devi (not examined) for getting her clothes stitched. Though Achla Devi was not home but her real brother i.e. the accused was present alone in the house. At that time he forcibly raped the prosecutrix. In the neighbourhood, Fullan Devi (PW.4) had called ladies of the village for collecting fuel wood. Her daughter was to get married. From courtyard of house of Fullan Devi, Parkasho Devi (PW.3), saw the prosecutrix hiding under the cot covered with a bed -sheet. Since room was bolted from inside she knocked the door. After opening the door accused ran away from the spot. Prosecutrix then narrated the incident to her. When prosecutrix was taken home, she also narrated the incident to her mother Viasan Devi (PW.1). Matter was reported to the police and FIR No. 62/2012, dated 28.8.2012 (Ext.PW.1/A) registered at Police Station, Bharari, against the accused under the provisions of Section 376A of the Indian Penal Code. Investigating Officer, Dhan Raj Singh (PW.17) got the prosecutrix medically examined from Dr. Kavita Kumari (PW.10), who issued MLC (Ext.PW -10/C). For establishing age of the prosecutrix, her birth certificate (Ext.PW.11/B) was taken on record. Investigation revealed the accused to have subjected the prosecutrix to sexual assault and as such challan was presented in the court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as twenty one witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication. Both Fullan Devi and Parkasho Devi harboured animosity against Achla Devi, hence stands falsely implicated but no evidence in defence was led to probablise this defence.