VIPAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment/order dated 25.2.2014/26.2.2014 rendered by the Sessions Judge Kullu in Sessions Trial No. 38/2013 (4167/2013), whereby the appellant -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 376, IPC has been convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 20,000/ - and in default of payment of fine he was further directed to undergo rigorous imprisonment for one year. Case of the prosecution, in a nutshell, is that on 9.8.2012, at about 6.30 p.m. at Lower Bhosa, the prosecutrix, daughter of the complainant, Smt. Hiramani, had gone to urinate. The prosecutrix did not come back. Her mother went outside in search of the prosecutrix. At 9.30 p.m., Smt. Hiramani saw her daughter coming out of the quarter of the accused. On asking, the prosecutrix told her mother that accused used to come and give her biscuits and thereafter used to take her to his quarter earlier also. Accused had committed sexual intercourse with her on two occasions. The prosecutrix also disclosed that she was taken by the accused inside his quarter and he committed sexual intercourse with her. She developed stomach ache and blood also started oozing out from her private part. The accused told her not to disclose this fact to anybody. The age of the prosecutrix was 13 years. She was mentally weak. The prosecutrix was got medically examined. The police also took into possession the birth certificate of the prosecutrix. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(2.) PROSECUTION examined a number of witnesses to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He has denied the case of the prosecution in entirety. Learned trial Court convicted and sentenced the accused as noticed hereinabove. Hence, this appeal.

(3.) MR . Ramesh Thakur, learned Assistant Advocate General has supported the judgment passed by the trial Court.