VIJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal, is, directed by the appellant/accused, against the impugned judgment, rendered, on, 6.5.2010, by the learned Additional Sessions Judge, FTC, Kullu, in, Sessions trial No. 61 of 2009, whereby, the learned trial Court convicted and sentenced the accused appellant to undergo rigorous imprisonment for a period of 20 years and to pay a fine in a sum of Rs. 50,000/ - and in default of payment of fine to undergo rigorous imprisonment for a period of one year for the commission of offence punishable under Section 376 of the Indian Penal Code.

(2.) BRIEF facts of the case, are, that, on 12.9.2009 at about 6.00 p.m. an intimation was received in the police Station, that, a girl, aged about 8 years, has been brought to the hospital with an alleged history of rape. An entry comprised, in, Ex. PW -15/A was recorded, in, the police Station and ASI Daya Ram was sent for verification of the same. ASI Daya Ram moved an application Ex. PW -15/B for ascertaining whether the victim was capable of making statement or not. The Medical Officer certified that she was not capable of making a statement. Statement of Malia Sherpa (PW -1) comprised in Ex. PW -1/A was recorded under Section 154 of Cr.P.C., wherein, he disclosed that the mother of the prosecutrix (name being withheld to protect her identity) revealed to him that the prosecutrix was subjected to rape by some unknown person. The said statement was sent to the police Station, on the basis of which, FIR came to be registered. During the course of the investigation, the statements of the witnesses were recorded.

(3.) THE accused was charged, for, his having committed an offence punishable under Section 376 of the Indian Penal Code, by the learned trial Court, to, which he pleaded not guilty and claimed trial.