SUNIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT appeal is filed against judgment and sentence passed by the learned Sessions Judge Mandi H.P in Sessions Trial No. 28 of 2012 titled State of HP v. Sunil Kumar decided on 15.6.2013.

(2.) IT is alleged by prosecution that accused along with his mother Meera Devi and Dila Ram used to reside in the house of maternal aunt namely Smt. Nimo Devi at village Sudhrani in the year 2011. It is further alleged by prosecution that prosecutrix is the younger daughter of Smt. Nimo Devi. It is further alleged by prosecution that prosecutrix was born on dated 12.5.1997. It is further alleged by prosecution that in the month of January/February 2011 accused committed rape upon prosecutrix thrice by way of gagging her mouth when prosecutrix was sleeping with her maternal uncle, accused and mother of accused. It is further alleged by prosecution that thereafter accused threatened prosecutrix that he would eliminate prosecutrix in case she would narrate the incident to anybody. It is further alleged by prosecution that on dated 6.8.2011 when prosecutrix came back from school she was having stomach pain. It is further alleged by prosecution that thereafter mother of prosecutrix took prosecutrix to medical officer where medical officer detected pregnancy of prosecutrix of about six months. It is further alleged by prosecution that thereafter prosecutrix disclosed whole matter to her mother and thereafter mother of the prosecutrix filed a complaint before police officials Ext PW6/A. It is further alleged by prosecution that thereafter FIR No. 106 Ext PW10/A was registered. It is further alleged by prosecution that thereafter investigating officer filed application for medical examination of prosecutrix and thereafter prosecutrix was medically examined on dated 8.8.2011 vide MLC Ext PW5/B. It is further alleged by prosecution that investigating officer visited spot and prepared site plan Ext PW17/C. It is further alleged by prosecution that prosecutrix produced one bed sheet Ext P3 which was took into possession vide seizure memo Ext PW7/A. It is further alleged by prosecution that birth certificate of prosecutrix Ext PW2/B was obtained. It is further alleged by prosecution that prosecutrix was born on dated 12.5.1997. It is further alleged by prosecution that prosecutrix delivered a female child on dated 16.10.2011. It is further alleged by prosecution that application was moved before Medical Superintendent Zonal Hospital Mandi with the request to preserve blood samples of prosecutrix as well as her newly born child for DNA profiling. It is further alleged by prosecution that x -ray of the prosecutrix was also conducted and x -ray films are Ext PW4/A to Ext PW4/E. It is further alleged by prosecution that ultra sound of prosecutrix was also conducted and ultra sound films are Ext PW8/A to Ext PW8/C and report of Dr. Jyoti Vaidya is Ext PW8/G. It is further alleged by prosecution that sealed parcels were deposited in FSL Junga vide RC No. 47 of 2012. It is further alleged by prosecution that four sealed parcels were sent to RFSL Gutkar vide RC No. 15 of 2012. It is further alleged by prosecution that accused was also medically examined at Zonal Hospital Mandi and his MLC report is Ext PW18/A. It is further alleged by prosecution that application Ext PW18/B was filed before Medical Superintendent Zonal Hospital Mandi for preserving blood sample of accused and DNA profiling. It is further alleged by prosecution that investigating officer moved application before Principal Government High School Sudhrani for supply of birth certificate of prosecutrix. It is further alleged by prosecution that FSL report Ext PA placed on record. It is further alleged by prosecution that as per DNA report Ext PZ accused is biological father of newly born children from prosecutrix. Charge was framed against accused under Section 376 IPC. Accused did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: - -