MAST RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is instituted against the judgment and order, dated 15.03.2013/19.03.2013, rendered by the learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P., whereby the appellant -accused, who was charged with and tried for the offence punishable under Sections 376 & 506 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs. 50,000/ - for the offence punishable under Section 376 of the Indian Penal Code and in default of payment of fine, he was further ordered to undergo simple imprisonment for a term of one year. He was also sentenced to undergo simple imprisonment for a term of one year and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 506 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for a term of one month.

(2.) CASE of the prosecution, in a nut -shell, is that the prosecutrix was a student of 10+1 at Government Senior Secondary School Chabutra, District Hamirpur, H.P. On 02.07.2012, she was brought for medical check up at Thakur Surgical and Maternity Nursing Home, Hamirpur, H.P. by her relatives. She was found three months pregnant. She disclosed that her conception was due to forcible sexual intercourse by the accused for over a period of 1 1/2 years. She was admitted at Thakur Surgical and Maternity Nursing Home, Hamirpur on 03.07.2012 and her MTP (abortion) was conducted on 05.07.2012. Father of the prosecutrix Ajit Singh, convened a Panchayat meeting at his house on 05.07.2012 in the presence of accused and his wife and the compromise was effected. On 07.07.2012, Shakuntla Devi, mother of the prosecutrix filed a complaint against the accused before the Gram Panchayat, Chabutra for initiating legal action again him. The complaint was forwarded by the Gram Panchayat to the police on 11.07.2012. Thereafter, FIR No. 66/12, dated 11.07.2012 was registered against the accused. Police also preserved the clothes of the prosecutrix which she was wearing at the time of abortion. The date of birth certificate of the prosecutrix was procured from the office of Panchayat Secretary, Gram Panchayat Chabutra. The vaginal slides, swabs and pubic hair preserved during the medical examination were sent for forensic examination to FSL, Junga. The matter was investigated and the challan was put up in the Court after completion of all the codal formalities.

(3.) MR . Vikas Rathore, learned counsel for the appellant has vehemently argued that the prosecution has failed to prove the case against the appellant.