VIKAS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed against the judgment of the learned Additional Sessions Judge -III, Kangra at Dharamshala, District Kangra, Himachal Pradesh, rendered on 31.03.2015, in Session Trial No. 5 -D/14, whereby the learned trial Court convicted the accused/appellant for his having committed an offence punishable under Sec. 376 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - and in default of payment of fine, sentenced him to suffer rigorous imprisonment for one month.

(2.) The facts relevant to decide the instant case are that on the intervening night of 1.8.2013 and 2.8.2013, at about 11 PM, prosecutrix, her neighbourer came to the house of complainant Sureshena Devi and at that time she was having a bamboo stick in her hand and it was raining and she was wet and shivering. When the complainant saw prosecutrix, she was wearing Salwar inside out. Thereafter, prosecutrix told her that two boys had come inside her house and one had closed the room and other loosened the Salwar and did the sexual intercourse with her. During this, he had also hit her on her face and other body parts. Complainant checked the Salwar which prosecutrix was wearing and found that there was blood stains on her Salwar. The son of the prosecutrix namely Sawroop Chand had gone to his in -laws house, which was near the house of the complainant, therefore, complainant called her son telephonically and took prosecutrix to her house. The clothes of the prosecutrix were got changed by the complainant and she saw injuries on the private parts of the prosecutrix and there was fresh bleeding. The complainant and Swaroop Chand, when searched the room of the prosecutrix, they found the mattress of the bed of the prosecutrix stained with blood and under the mattress some black coloured purse along with documents, photographs of accused Vikas and currency note of Rs. 50/ - were found, which belong to accused Vikas. With the help of purse they came to know that this act has been committed by accused Vikas. This matter could not be reported to the police on the said night due to heavy rains. However, on the next day they reported the matter to the police through Ward Member, Banita Kumari and her husband Surinder in Police Post, Yol. The purse so recovered from the spot was handed over the police and the matter was reported to the police by the complainant Sureshna Devi vide her statement recorded under Sec. 154 Cr.P.C. on which rapat was made and thereafter FIR was registered. Medical examination of the prosecutrix was conducted at Zonal Hospital, Dharamshala and MLC was procured. During investigation the spot map was prepared and the Investigating Officer had also taken the photographs. During investigation also specimen seal impressions were taken on a piece of cloth. Both the accused were arrested and sealed samples were sent for chemical examination to RFSL and the report of the chemical examiner was obtained. Statements of witnesses were recorded. On conclusion of investigation, the challan was prepared and presented in the Court and accused were produced to face trial.

(3.) Accused was charged for his having committed an offence punishable under Sec. 376/34 of Indian Penal Code by the learned trial Court. In proof of the prosecution case, the prosecution examined 18 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Sec. 313 of the Code of Criminal Procedure was recorded by the Court, in which the accused claimed innocence and pleaded false implication in the case and chose not to lead evidence in defence.