SANJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Present appeal is filed against the judgment and sentence passed by learned Additional Sessions Judge Shimla in Sessions Trial No. 19 -S/7 of 2010 titled State of H.P. v/s. Sanjeev Kumar decided on 27.02.2013.

(2.) It is alleged by prosecution that on 5.4.2010 at about 10.11 PM at Palli Tehsil and P.S. Chirgaon District Shimla appellant kidnapped minor prosecutrix from lawful guardianship of her parents without their consent. It is alleged by prosecution that on the aforesaid date time and place appellant kidnapped minor prosecutrix with intention to commit illicit intercourse with her. It is alleged by prosecution that on intervening night of 5.4.2010 and 6.4.2010 appellant committed rape with minor prosecutrix in tin posh room in orchard and on the intervening night of 6.4.2010 and 7.4.2010 appellant again raped the prosecutrix in a room of hotel Anand near Bus Stand Shimla and further alleged that on the intervening night of 7.4.2010 and 8.4.2010 appellant again committed rape on minor prosecutrix in his house at Palli Khashdar. It is alleged by prosecution that prosecutrix was student of HPSEB Middle School Sandhasu Tehsil Chirgaon in the year 2010. It is further alleged by prosecution that minor prosecutrix was born on 15.9.1998. It is also alleged by prosecution that appellant asked the minor prosecutrix to marry him and when minor prosecutrix denied then appellant declared that he would commit suicide by consuming poison. It is alleged by prosecution that missing report Ext. PW7/A was recorded in P.S. Chirgaon and same was recorded by PW7 Tilak Singh. It is alleged by prosecution that FIR Ext. PW3/A was registered in police station Chirgaon District Shimla and on 8.4.2010 when ASI Om Parkash PW15 was in Chirgaon market with PW3 Ghan Shyam and Parkash the minor prosecutrix was found roaming near bus stand. It is alleged by prosecution that recovery memo Ext. PW3/B was prepared and prosecutrix was brought to CHC Sandhasu for medical examination. It is alleged by prosecution that Dr. Anjana Sharma examined minor prosecutrix, prepared slides, took pubic hairs of minor prosecutrix and also preserved salwar Ext. P8, shirt Ext. P9 and vest of minor prosecutrix for examination and sealed them in a parcel. It is alleged by prosecution that report of medical officer obtained relating to minor prosecutrix and medical officer opined that possibility of recent sexual intercourse could not be ruled out. It is alleged by prosecution that MLC of accused was also obtained and medical officer has opined that accused was capable of performing sexual intercourse. It is alleged by prosecution that medical officer prepared slides and sealed them and handed over to investigating officer. It is alleged by prosecution that site plan prepared and minor prosecutrix identified bed sheet on which rape was committed by accused. It is further alleged by prosecution that extract of guest register of Anand hotel also obtained and bed sheet from room No. 5 of hotel where rape was committed was also obtained. It is alleged by prosecution that case property was deposited in malkhana and entries were recorded in register and thereafter case property was sent to FSL Junga. It is alleged by prosecution that I.O. also obtained school leaving certificate of minor prosecutrix and also obtained record from Panchayat Secretary relating to age of minor prosecutrix. It is alleged by prosecution that sample of seal also obtained.

(3.) Charge was framed by learned Additional Sessions Judge Shimla (H.P.) against appellant Sanjeev Kumar under Ss. 363, 366 and 376 IPC on dated 25.10.2010. Accused did not plead guilty and claimed trial.