RAJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 22.11.2005, passed by learned Addl. Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 4/05 - RBT: 59/05/05 [Sessions Trial No. 8/05 RBT: 44/05], titled as State of H.P. vs. Raj Kumar @ Raju, whereby accused 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 life and pay fine of Rs. 50,000/ - for an offence punishable under Section 376 IPC and in default thereof, to further undergo rigorous imprisonment for a period of two years and rigorous imprisonment for a period of seven years and fine of Rs. 10,000/ - for an offence punishable under Section 506 IPC. and in default thereof, to further undergo rigorous imprisonment for a period of one year, he has filed the present appeal under the provisions of Section 374(2) read with Section 382 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 28.10.2004, prosecutrix (PW -9) along with her mother Smt. Raj Kumari (PW -10) lodged a complaint with the police that accused had been repeatedly subjecting the prosecutrix, his own daughter, to forcible sexual intercourse. Based thereupon, SI -Diwan Chand (PW -16), SHO Police Station Amb registered F.I.R. No. 235/2004, dated 28.10.2004 (Ext. PW -9/A) against the accused, under the provisions of Sections 376 and 506 of the Indian Penal Code. Prosecutrix was got medically examined from Dr. Murnal Lakhi (PW -8) who as per MLC (Ext. PW -8/3 & 8/D) opined that prosecutrix had been subjected to sexual intercourse. Police conducted necessary investigation and recovered incriminating material including bed sheet (Ext. P2) and pillow cover (Ext. P -3). Also on the allegation that accused used to beat the prosecutrix with a hockey stick (Ext. P -6), the same was recovered and seized vide memo (Ext. PW -9/D). Report (Ext. PW -16/E) from the Forensic Science Laboratory, Junga was taken on record by the police. With the completion of investigation, which prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined as many as sixteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took up the following defence: -