RAVINDER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present appeal is filed against the judgment and sentence passed by learned Additional Sessions Judge Chamba in Sessions Trial No. 55 of 2012 titled State of H.P. vs. Ravinder @ Raju decided on 25.7.2013.

(2.) Brief facts of the case as alleged by prosecution are that on 1.7.2012 late in the evening there was ceremony in the house or Jaram Singh in village Ghangar which continued till next morning. It is alleged by prosecution that accused attended the ceremony in the house of Jaram Singh in village Ghangar and prosecutrix was also present there along with her cousins. It is alleged by prosecution that prosecutrix also attended the ceremony till midnight and thereafter returned back to her home with her cousins namely Manish PW9, Rakesh Kumar PW10 and Trilok PW2. It is alleged by prosecution that accused asked Manish PW9, Rakesh PW10 and Trilok PW2 to go back to the house of Jaram Singh with direction to bring Sunil. It is alleged by prosecution that accused asked the prosecutrix to wait till their arrival. It is alleged by prosecution that thereafter accused took the prosecutrix towards forest area and also gagged the mouth of prosecutrix. It is alleged by prosecution that thereafter accused committed sexual intercourse with prosecutrix without her consent. It is alleged by prosecution that thereafter accused threatened the prosecutrix that in case she would disclose the incident to anyone then she would be killed. It is alleged by prosecution that thereafter prosecutrix was took by her father to the residence of Smt. Geeta Devi PW4 Pardhan of Gram Panchayat and incident was reported to Pardhan Gram Panchayat. It is alleged by prosecution that thereafter prosecutrix along with her father Rangeel Singh PW12 visited Tehsil office Chowari and filed complaint Ext.PW11/A before SDM Chowari who advised the prosecutrix and her father to report the matter in police station. It is alleged by prosecution that on the basis of complaint Ext.PW11/A FIR Ext.PW17/A was registered at P.S. Chowari and thereafter medical examination of prosecutrix was conducted at Civil Hospital Nurpur vide MLC Ext.PW1/B. It is alleged by prosecution that as per MLC sexual intercourse upon prosecutrix was committed and prosecutrix also sustained simple injuries. It is alleged by prosecution that during medical examination of prosecutrix her vaginal swab, vaginal slides and pubic hairs were preserved and were sealed in a parcel and sent for forensic examination. It is alleged by prosecution that as per chemical examination report semen was detected on vaginal swab of prosecutrix. It is alleged by prosecution that place where offence of sexual assault was committed was shown by prosecutrix to investigating agency and site plan Ext.PW17/F was prepared and photographs Ext.PW17/F-1 to Ext.PW17/F-4 also obtained from official camera. It is alleged by prosecution that salwar Ext.P2, underwear Ext.P3 and blood stained towel Ext.P4 were took into possession and sealed in cloth parcel. It is alleged by prosecution that disclosure statement of accused was also recorded. It is alleged by prosecution that two CDs also prepared and on 13.7.2012 five sealed parcels containing clothes, pubic hair and vaginal swab of prosecutrix were handed over to MHC Rajpal vide RC No. 46 of 2012 with direction to deposit in the office of RFSL Dharamshala for forensic examination. It is alleged by prosecution that forensic report Ext.PW17/A was received.

(3.) Charge was framed by learned Additional Sessions Judge Chamba (H.P.) against appellant Ravinder Kumar under Sections 376 and 506 IPC. Accused did not plead guilty and claimed trial.