TILAK RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 20.8.2013 of the learned Addl. Sessions Judge, Chamba, rendered in Sessions Trial No. 43 of 2012, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences under Sections 376 and 323 IPC, has been convicted and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 50, 000/ - and in default of payment of fine to undergo further rigorous imprisonment for a period of one year under Section 376(1) of the IPC and also sentenced to undergo rigorous imprisonment for six months under Section 323 of the IPC. Both the sentences were ordered to run concurrently. The period of detention undergone by the accused from 13.2.2012 onwards was ordered to be set off under Section 428 Cr.P.C.

(2.) THE case of the prosecution, in a nut shell, is that on 12.2.2012, the prosecutrix had gone to 'Chela' to offer prayers. The accused met her and questioned about her village. The accused also slapped the prosecutrix on both sides of her face. Accused took off her clothes and took her below the high way inside the culvert and committed sexual intercourse against her consent. He had also beaten her and blood started oozing out. She sustained injuries and became unconscious. She was taken from there by her niece, mother -in -law and other persons. She was then taken to the hospital. She was medically examined by the doctor. The statement of PW -1 Ghindro Ram was recorded under Section 154 Cr.P.C. Dr. Poonam Jambla (PW -6) examined the prosecutrix. She issued MLC Ext. PW -6/A. The doctor concluded that there was a possibility of rape on the prosecutrix. The accused was also medically examined. The disclosure statement was made by the accused, on the basis of which, recovery of clothes was made. The place where the sexual intercourse was committed with the prosecutrix was also identified by the accused and memo to this effect was prepared vide memo Ext. PW -19/F. The clothes were sent for examination. The investigation was carried out and the challan was put up after completing all the codal formalities.

(3.) WE have heard learned counsel for both the sides and gone through the material available on record very carefully.