KULDIP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 30th November, 2012, by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in Sessions Trial No. 9/7 of 2012, whereby, the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 25,000/ - under Section 376(f) of the Indian Penal Code. Further, the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for six months along with fine of Rs. 1000/ - under Section 323 of the Indian penal Code and in default of payment of fine, he has been sentenced to further undergo rigorous imprisonment for a period of six months and one month respectively for both the aforesaid offences. Both the sentences were directed to run concurrently.

(2.) THE brief facts of the case are that on 8.7.2010, at about 7.00 a.m., Kanta Devi (PW -13), the mother of the prosecutrix, sent her daughter (the prosecutrix) to fetch water from the hand pump. The prosecutrix met the accused there, who allured her to see boats and took her in the bushes. The accused asked the prosecutrix to open her pants but she refused. On this, the accused gagged her mouth. Thereafter, the accused opened her pants as well as his own pants and committed rape on her. The prosecutrix returned home and narrated the entire incident to her mother and apprised her that Kuldeep Kumar @ D.C. had committed bad act upon her. On this, the mother of the prosecutrix, along with the prosecutrix, went near the Badd (Banyan) tree and met the accused there. The accused abused them. Thereafter, Kanta Devi, the mother of the prosecutrix, went to Meena Kumari and narrated the incident to her. They both went to the house of Taro Devi, sister of the accused. Accused was also present there. Accused and his sister, Taro Devi abused Kanta Devi. Kanta Devi subsequently went to the house of Kamla Devi, the Ward Member, but she was not found at home. She came on 9.7.2010 and the incident was narrated to her. The father of the prosecutrix was not at home on 7.7.2010 and 8.7.2010 and returned on 9.7.2010. Kanta Devi narrated the incident to him on 9.7.2010. On 10.7.2010, the matter was reported to the police at P.A.R. Jandhuta. Rapat, Ext. PW -8/A, was registered. On medical examination of the prosecutrix, the doctor, after perusing the report of the Chemical Examiner, comprised in Ext. PW -4/C, opined that there were signs of physical violence and possibility of sexual intercourse. The doctor also found abrasion in the front of the knee and on the back of forearm of the prosecutrix and described the same in the MLC.

(3.) ON conclusion of investigation into the offences, allegedly committed by the appellant/accused, challan was filed under Section 173 of the Code of Criminal Procedure.