BITU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.10.2006 passed by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P., in Sessions Trial Nos. 23/2003, 66/2005, whereby accused/appellant, namely, Bitu Ram, was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 376 of the Indian Penal Code and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo further rigorous imprisonment for a period of six months under Section 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently. The case of the prosecution, in a nutshell, is that during August, 2000, P.W. 3 prosecutrix was present in her house. The accused came to her house at about 6.00 p.m. and committed rape on her. The accused also threatened her with dire consequences in case she disclosed the incident to anybody. The prosecutrix conceived and after a period of about 5 -6 months, P.W. 4 Soma Devi, mother of the prosecutrix on getting suspicions that the prosecutrix was carrying pregnancy, made enquiries from the prosecutrix. She told P.W. 4 Soma Devi about the rape committed on her by the accused. Thereafter, P.W. 4 Soma Devi got drafted complaint, Ext. P.W. 4/A on the basis of which, F.I.R. Ext. P.W. 8/A was registered in Police Station Joginder Nagar on 13.2.2001 by P.W. 8 Prakash Chand. Medical examination of the prosecutrix was conducted by P.W. 2 Dr. M.K. Rana on 14.2.2001. The prosecutrix was found to be carrying pregnancy of about 7 -8 months vide MLC Ext. P.W. 2/A. X -ray examination of the prosecutrix was conducted by P.W. 1 S.K. Malhotra on 15.2.2001 for determining radiological age of the prosecutrix and on perusal of X -ray skiagrams, Ext. P.W. 1/A to Ext. P.W. 1/D, report Ext. P.W. 1/E was issued by him and the radiological age of the prosecutrix was found to be between 17 to 19 years. P.W. 11 Jugal Kishore visited the spot and prepared the spot map, Ext. P.W. 11/A. He took into possession certificate Ext. P.W. 4/B produced by P.W. 4 Soma Devi vide memo. Ext. P.W. 4/C in the presence of P.W. 9 Relu Ram. Medical examination of the accused was conducted by P.W. 7 Dr. K.R. Sharma on 15.2.2001 and me accused was found capable of performing sexual intercourse. He issued MLC Ext. P.W. 7/C. Date of birth certificate of the prosecutrix Ext. P.W. 5/A was procured from P.W. 5 Tek Chand, Secretary Gram Panchayat, Darahal along with copy of Pari war Register Ext. P.W. 5/B, according to which, date of birth of the prosecutrix was recorded as 31.8.1983. The investigation was completed and the challan was put up in the court after completing all codal formalities.

(2.) THE prosecution examined as many as eleven witnesses in support of its case. The accused was examined under Section 313, Cr.P.C. He denied case of the prosecution and claimed innocence. Learned Trial Court convicted and sentenced the accused for the offences punishable under Sections 376 and 506 of the Indian Penal Code vide judgment dated 12.10.2006. Hence, the appeal.

(3.) MR . M.A. Khan, learned Additional Advocate General, has supported the impugned judgment dated 12.10.2006.