SUSHEEL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT -convict Susheel Kumar, hereinafter referred to as the accused, has assailed the judgment dated 20.11.2009, passed by Additional Sessions Judge, Fast Track Court, Hamirpur, Himachal Pradesh, in Sessions Trial No. 12 of 2009, titled as State of H.P. v. Sushil Kumar, whereby he stands convicted of the offence punishable under the provisions of Section 376(2)(f) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and pay a fine of Rs. 10,000/ - and in default thereof to further undergo simple imprisonment for a period of four months.

(2.) IT is the case of prosecution that on 30.5.2009, prosecutrix (PW -3), aged six years, had gone to pay obeisance at the temple of Lord Shiva in her village Baleta Khurd. Finding her to be alone, accused took her to the back side of the temple and sexually assaulted her. Ms Sapna (PW -2), who independently had gone to the temple, heard cries of the prosecutrix and went where prosecutrix was sitting. Seeing her, accused ran away. Thereafter, Sapna led the prosecutrix to her house. When Smt. Meera Devi (PW -1), mother of the prosecutrix, learnt about the incident, she immediately called her husband Sunil Kumar (PW -4), who lodged report with the Panchayat in the shape of complaint (Ex. PW -4/A). Meeting of Panchayat took place, where after on 31.5.2009, Smt. Meera Devi (PW -1) moved an application (Ex. PW -1/A) before the District Police Officer, District Hamirpur, on the basis of which FIR No. 172, dated 31.5.2009 (Ex. PW -14/A), under the provisions of Section 376/511 of the Indian Penal Code, was registered at Police Station, Sadar, District Hamirpur. Same day, prosecutrix was got medically examined from Dr. Archana Soni, who after receiving report (Ex. PA) of the Forensic Science Laboratory, pertaining to the vaginal swab (containing human blood) and other material, issued report (Ex. PW -7/D), opining that possibility of sexual assault could not be ruled out. Police conducted investigation on the spot. Accused was also arrested and got medically examined from Dr. K.S. Dogra, who issued MLC (Ex. PW -6/B). For determining the age of the prosecutrix, police took on record her birth certificate (Ex. PW -8/B). Her radiological age was also got determined from Dr. Sanjiv Sharma (PW -10). With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 17 witnesses and statement of the accused under the provisions of Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded innocence and false implication. No evidence in defence was led.