RAJNISH AWASTHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 29.8.2008, passed by learned Addl. Sessions Judge-II, Kangra at Dharamshala, H.P., in Sessions Case No. 29-K/VII/2007, titled as State of H.P. vs. Rajnish Awasthi @ Rajju, whereby appellantaccused stands convicted for having committed offences punishable under the provisions of Sections 376, 342 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 25,000/- for an offence punishable under Section 376 IPC, simple imprisonment for a period of one year and fine of Rs. 1000/- for each of the offences punishable under Sections 342 and 323 IPC, accused has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that victim (PW-4), aged 9 years, was residing with her parents in Purana Kangra, Tehsil and District Kangra, H.P. On 23.6.2007, mother of the victim had gone to the house of her sister to condole the death of her relation. Father of the victim was in his shop at Kangra. Only victim and her younger brother and sister were at home. At about 2.00 p.m. accused, aged 24 years, asked two younger children to leave the house. Thereafter he took the victim inside his room and bolted the door from inside. Thereafter, he ravished her as a result of which blood started oozing from her private parts. Accused also assaulted the victim with a belt and knife and she sustained injuries. After ravishing the child, accused ran away bolting the door of the room from outside. Victim cried for help by which time her mother arrived and rescued her. Witness Richa (PW-9) was present at that time. Immediately victim was taken to the hospital. Medical Officer, Zonal Hospital Dharamshala telephonically informed the police about the incident, which information was incorporated in the Daily Diary dated 23.6.2007 (Ext. PW-15/A). Investigating Officer Surinder Sharma (PW-18) reached the hospital and recorded statement (Ext. PW-18/A) of the victim under Section 154 Cr. P.C., which was sent to Police Station Kangra, Distt. Kangra, where F.I.R. No. 250/07, dated 24.6.2007 (Ext. PW-16/A) was registered against the accused under the provisions of Sections 376, 307 and 342 of the Indian Penal Code. The victim was medically examined by Dr. Kiran Malhotra (PW-2) who issued MLC (Ext. PW-2/B). The Investigating Officer (PW-18) visited the spot of crime; prepared spot map (Ext. PW-18/E) and collected blood stained frock (Ext. P-3) of the victim vide memo (Ext. PW-6/A). Also from the room where crime took place, belt (Ext. P-1), knife (Ext. P-2), bed sheet (Ext.P-4), towel (Ext. P-5), underwear (Ext. P-6), baniyan (Ext.P-7) and screw driver (Ext. P-8) were recovered vide memo (Ext. PW- 6/B). Sealed articles as also the sample given by the Doctor were sent for chemical analysis and report of the State F.S.L., Junga (Ext. PW-18/C) was obtained by the police. After arrest, accused was got medically examined by Dr. Sunil Bhatt (PW-17) who issued MLC (Ext. PW-17/B). With the completion of investigation, which revealed complicity of the accused in the crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed an offence punishable under the provisions of Sections 376, 307 and 342 of the Indian Penal Code, to which he did not plead guilty and claimed trial.