DINESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANTS -convict Dinesh Kumar, hereinafter referred to as the accused, has assailed the judgment dated 23.8.2013/26.8.2013, passed by Additional Sessions Judge -I, Shimla, Himachal Pradesh, in Sessions Trial No. 19 -S/7 of 2012, titled as State of Himachal Pradesh v. Dinesh Kumar, whereby he stands convicted of the offence, punishable under the provisions of Sections 376, 363 and 366 of the Indian Penal Code, and sentenced as under:

(2.) IT is the case of prosecution that prosecutrix (PW -2), a minor, aged 14 years, a student of 9th Class, was enticed by the accused to have sex with him, on the pretext of solemnization of marriage. Sometime in the middle of 2011, he firstly developed intimacy and had sex with her in the jungle near a place known as Chambi. Subsequently, on 21.2.2012, he took the prosecutrix, on the pretext of marrying her, to the house of his paternal aunt in village Dhadi Rawat, where again he subjected her to rape, without fulfilling his promise of marriage. Finding the prosecutrix to be missing, her father Laiq Ram (PW -25) lodged report dated 23.2.2012 (Ex. PW -21/A) with the police, on the basis of which FIR No. 23, dated 23.2.2012 (Ex. PW -23/A), for commission of offences under the provisions of Sections 363, 366 of the Indian Penal Code, was registered at Police Station, Theog. On the information so furnished by Ms Santoshi (PW -6), a friend of the prosecutrix, police was able to reach to the accused and recover the prosecutrix from the house of Sohan Lal (DW -1), situated in village Dhadi Rawat. Prosecutrix was got medically examined from Dr. Nidhi Sharma (PW -19), who issued MLC (Ex. PW -19/A). Accused, who was arrested, made disclosure statement (Ex. PW -9/A), in the presence of HHC Pardeep Singh (PW -9) and Baldev Singh (PW -14) and led the police to the place where he had subjected the prosecutrix to rape and also got recovered incriminating articles. ASI Dev Raj (PW -22) conducted investigation; took on record proof with regard to age of the prosecutrix. Investigation revealed complicity of the accused in the alleged crime; hence, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as 25 witnesses and statement of the accused, under the provisions of Section 313 of the Code of Criminal Procedure, was also recorded, in which he took the following defence: