PARKASH CHAND Vs. STATE OF H P

JUDGEMENT

(1.) Through this appeal, the accused has challenged the judgment of Sessions Judge, Shimla, dated 23/05/1992 convicting him for an offence under Section 376, of the Indian Penal Code and sentencing him to rigor ous imprisonment for seven years and to pay tine of Rs. 5,000.00 and in default of payment of finer to undergo further rigorous imprisonment for one-and-a-half year. Fine, on recovery, has been ordered to be paid to the prosecutrix.

(2.) Briefly stated, the prosecution case is that on 5/04/1990 at about 9 or 10 a. m. the prosecutrix was alone in the house and was cleaning utensils in the Verandah. The accused appeared and asked her to allow him to have sexual intercourse with her and offered Rs. 20/ -. The prosecutrix declined the same whereupon the accused caught her by the arms, took her inside the room forcibly. For the purpose of committing the rape, the accused removed his 'Pent'. Then, he removed the 'Salvar' of the prosecutrix by breaking the string thereof. On account of this act, she felt pain and raised hue and cry. Smt. Tara Devi (PW-4) noticed that the prosecutrix was crying while she was being taken inside the room by the accused, from her house located at a short distance. When Guddi Devi (PW-2) returned home, the occurrence was nar rated to her by the prosecutrix. Thereafter Guddi Devi (PW-2) narrated it to Tulsi Ram (PW-3), father of the prosecutrix, when he came to the house. The matter was reported to the police at Police Station, Kotkhai. First Information Report (Ext. PA) was registered. The police subjected the prosecutrix to medical examination through Dr. Namita Verma (PW-6) who issued the medicolegal certificate (Ext. PD) stating in it that there were bruises on different parts of the body of the prosecutrix, her hymen was lacerated, there was slight bleeding and the private parts were swollen and painful and that the injuries found on the person of the prosecutrix were of simple nature with duration of less than 24 hours at the time of examination. Age of the prosecutrix has been opined between 12 to 14 years at the time of occurrence and finding of commission of rape has been given.

(3.) The clothes which the prosecutrix was wearing at the time of the occurrence, namely, torn-shirt (Ext. P-1), stringless 'Salvar' (Ext. P 2) taken in possession by the police vide memo. Ext. PB. The accused was also examined medi cally and the report is op the case file (Ext. PH). Certain injuries were found on the person of the accused. The clothes, which the accused was wearing at the time of the medical examination, were also taken into possession by Dr. J. G. Vohra (PW-11) who examined the accused, and handed over the same to the police for chemical examination. Spermatozoa were detected on the 'Pent' of the accused (Ext. PK). The Radiologi cal examination of the prosecutrix by Dr. A. Santoshi (PW-8) fixed her age between 12 1/2 to 15 years. After recording the statements of the relevant witnesses and collecting necessary evi dence, the accused was tried for commission of rape on the prosecutrix before the trial court.