VED PRAKASH Vs. STAE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant accused (hereafter referred to as 'the accused') against the judgment dated 22-9-2004 convicting him under Section 376 of the Indian Penal Code and the order dated 24-9-2004 whereby he has been sentenced to Undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for one year.

(2.) Case of the prosecution in brief is that the prosecutrix (PW-1) wife of Madan Lal (PW-2) was present in her house along with her children on 15-8-2000 and PW-2 had gone to Keylong. PW-1 usually remained ill. At about 8.45 p.m. the accused went to her house. He was offered tea and food. He disclosed that he had brought Dhuni for the treatment of the prosecutrix and the prosecutrix was to be treated in a lonely place. The children of the prosecutrix were then sent to another room. The accused bolted the door of the room where he and the prosecutrix were, caught hold of the prosecutrix and made her to lay on the cot. Thereafter he tore her salwar and committed rape on her. In the meanwhile. PW-2 returned home and on suspicion he bolted the door of the room from outside. In the meanwhile. one Bhagwan Dass on being called by PW-2 also came on the spot. Thereafter the occurrence was reported to the police vide F.I.R. Ext. PW-1 /A alleging that the accused pretending to treat the prosecutrix with dhuni committed rape on her. The prosecutrix was got medically examined and the M.L.C. on such examination issued bv Dr. Renu Behl (PW-4) is Ext. PW-4/A. At the time of medical examination of the prosecutrix her wearing apparels and vaginal smear slides were taken in possession for the purpose of chemical analysis. On arrest of the accused, he was also medically examined and vide M. L. C. Ext. PX it was opined that he was capable of performing sexual intercourse. At the time of his medical examination his pyjama was also taken in possession for chemical analysis. The wearing apparels of the prosecutrix and the accused taken in possession, as aforesaid, were chemically analyzed in State Forensic Science Laboratory and as per the opinion vide report Ext. PY human) blood was found on the Salwar and vaginal smear of the prosecutrix and the pyjama of the accused. On the dupatta of the prosecutrix human blood was found. On completion of the investigation, a chargesheet was submitted against the accused who came to be tried on a charge under Section 376 of the Indian Penal Code.

(3.) To prove the charge against the accused, prosecution examined as many as nine witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was recorded wherein he admitted his presence in the house of the prosecutrix but denied the evidence regarding committing rape on her and claimed to be innocent. It was further claimed that he used to treat the prosecutrix as he is a Pujari of Bhima Kali and the proseeutrix/used to come for treatment in the temple and sometimes she used to call the accused to her house for treatment and on the relevant day he had gone to the house of the prosecutrix to treat her. The accused, however, did not lead any defence.