RAVINDER SAHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order dated 23.10.2013 & 24.10.2013, respectively, rendered by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Distt. Shimla, H.P. in Sessions Trial No. 35 -K/7 of 2012, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 376 IPC, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/ - and in default of payment of fine, the accused was further ordered to undergo simple imprisonment for a period of six months.

(2.) THE case of the prosecution, in a nut shell, is that on 18.7.2012 at 9:55 PM, on receipt of the telephonic information from Medical Officer, Regional Hospital, Reckong Peo, Distt. Kinnaur, H.P. to the effect that a Nepali girl had been brought to their hospital being a rape victim, the police party, headed by HC Ramesh Kumar PS Reckong Peo was dispatched to do the needful. HC Ramesh Kumar visited the hospital and recorded the statement of the mother of the prosecutrix under Section 154 Cr.P.C. He moved an application for medical examination of the prosecutrix from Dr. Kalpna Sharma. He obtained the MLC. Since the offence was committed within the jurisdiction of P.S. Pooh, the statement of the mother of the prosecutrix and the parcels were sent to PS Pooh for further action. Thereafter, formal FIR was lodged in PS Pooh. The IO went to the spot and on completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . Varinder Singh Rathore, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A. Khan, learned Addl. Advocate General, for the State has supported the judgment/order of the learned trial Court dated 23/24.10.2013.