DEEP RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 19.3.2013 of the learned Sessions Judge, Solan, rendered in Sessions Trial No. 8 -S/7 of 2011, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences under Sections 376 and 506 IPC, has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 25,000/ - and in default of payment of fine to undergo further imprisonment for a period of one year under Section 376 of the IPC and also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo simple imprisonment for six months under Section 506 of the IPC. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in a nut shell, is that the prosecutrix PW -1 is the daughter of the accused. PW -2 Nisha Devi is the mother of the prosecutrix. PW -2 Nisha Devi along with younger brother of the prosecutrix had gone to attend the marriage in the month of April, 2010 in adjoining village. The prosecutrix was all alone in her house along with the accused. The accused tried to commit rape upon her. She raised alarm and the accused did not succeed. However, the accused succeeded in committing sexual intercourse with the prosecutrix as and when the brother of the prosecutrix and her mother were not in the house and the accused threatened the prosecutrix not to divulge the incident to anyone otherwise she would be killed.

(3.) THE medical examination of the prosecutrix was conducted by PW -4 Dr. Poonam Sharma, M.O., Regional Hospital, Solan. The prosecutrix was found to be habitual of sexual intercourse and there was nothing to rule out the possibility of recent intercourse, qua which MLC Ext. PW -4/A, was issued by the Medical Officer. The pubic hair of the prosecutrix alongwith the vaginal swab was also preserved by the Medical Officer. The same was handed over to the police for forensic examination after sealing with seal of Regional Hospital, Solan. The shirt and underwear of the prosecutrix were also preserved by the Medical Officer and were handed over to the police for forensic examination after sealing with the same seal impression. The prosecutrix produced a towel Ext. P -1 from her house, the same towel which was put underneath her, by the accused while committing rape with her. The towel was identified by PW -3 Babli Devi, which was put in a cloth parcel and sealed with seal impression K, seized vide memo Ext. PW -1/B.