VIJAY KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) APPELLANT - Vijay Kumar alias Viju has been convicted of offences, punishable under S.452, S.376 and S.506 of the Indian Penal Code and sentenced to undergo seven years' rigorous imprisonment and to pay fine of Rs. 5,000/- for the offence under S. 376 of the Indian Penal Code, to undergo rigorous imprisonment for two years and to pay fine of Rs. 3000/- in respect of the offence, under S. 452 of the Indian Penal Code and to undergo rigorous imprisonment for three years and to pay fine of Rs. 3000/- in respect of the offence under S. 506 of the Indian Penal Code, by the trial Court. He is aggrieved by his conviction and sentence. So he has preferred this appeal.

(2.) FIRST , the prosecution case may be summed up. In a village in the District of Hamirpur there lives a married woman 'N'. Her husband is employed at Delhi. She has two children, the eldest being a son aged 6 years. On the night intervening 2nd and 3rd of November, 2002, she was asleep in her house in the village along with her children when she heard a knock at her door, but did not open it. Soon the door was pushed with force and it got opened. The appellant, whom the lady recognized (because he had been visiting her mother's sister, living in the same village) entered the room. He forced himself on to the lady. When she tried to raise alarm and put up resistance, he threatened that he was having a knife with him and would kill her and her children. Then, he committed rape on the lady. She became unconscious and regained consciousness next morning when the rays of sun entered the room and she felt the heat and light. She found that she was without her Salwar. She wore the Salwar and went to the house of one Kamla, Member Gram Panchayat, and narrated the incident to her. Said Kamla took her to her Mousi's (mother's sister) house, who also lives in the same village. The name of that Mousi of the lady (prosecutrix) is Sandhya. Sandhya's husband and son then went in search of the appellant. They spotted him in a nearby village Patnoun and gave him a thrashing.

(3.) THE prosecutrix was got medically examined. Her Salwar, Kamij and Dupatta were taken into possession. Underwear of the appellant was also seized. The aforesaid clothes of the prosecutrix and the underwear of the appellant were sent to the Chemical Examiner and those articles were found to bear stains of human semen. Slides of vaginal smear of the prosecutrix were also prepared and sent to the forensic science laboratory and human semen was noticed in the vaginal smear during laboratory test. The spot was inspected. Statements of witnesses were recorded under S.161 of the Code of Criminal Procedure. On completion of the investigation, report under S.173 of the Code of Criminal Procedure was filed in the Court of the concerned Magistrate, who, after complying with the requirement of S.207 of the Code of Criminal Procedure, committed the case to the Sessions Court. The case was assigned by the Sessions Court to the learned Additional Sessions Judge (Presiding Officer, Fast Track Court) for trial. The later mentioned Court, after charging the appellant with the aforesaid offences, proceeded to try him and ultimately convicted and sentenced him as aforesaid.