ARJUN AND ORS. Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 17.12.2013, rendered by the learned Sessions Judge, Kullu, H.P. in Sessions Trial No. 112 of 2013, whereby the appellants -accused (hereinafter referred to as the accused) who were charged with and tried for offences punishable under Sections 376 -D and 392/34 IPC, were convicted and sentenced to undergo rigorous imprisonment for a period of 20 years each and to pay fine of Rs. 10,000/ - each (30,000/ - in all) for the commission of offence under Section 376 -D/34 IPC. They were further ordered to undergo rigorous imprisonment for a period of two years in case of default of payment of fine. The accused were also sentenced to undergo rigorous imprisonment of 5 years and to pay fine of Rs. 5,000/ - each (15,000/ - in all) for the commission of offence under Section 392/34 IPC and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution, in a nut shell, is that the prosecutrix, an American National, had come to Manali on 3.6.2013 and was staying in Sunrise Guest House, Manali. At 10:00 PM, she had gone to Vashishat to see her friends. In the intervening night of 3rd and 4th June, 2013, at about 1:00 AM, she was coming back from Vashishat to old Manali. She was looking for a taxi or auto rickshaw. All the three accused persons, namely, Arjun, Lucky and Som Bahdur were present on the spot. They offered lift to the prosecutrix in their truck. The prosecutrix accepted their offer and accused drove the truck towards mountain side for about 20 minutes. They attacked the prosecutrix and gave her beatings and took away Rs. 5000/ -, I -phone, Nokia mobile, Nikon camera, 30 US dollars and about 1500 Thai currency. All the three accused persons committed sexual intercourse with the prosecutrix and dropped her at Manali bus stand at about 3:00 AM. Consequently, the prosecutrix reported the occurrence to the police. FIR was registered. The prosecutrix was medically examined. The recoveries were made. The Assistant Director from RFSL, Mandi also visited the spot. The truck was also taken into possession by the police. The prosecutrix told that she had kicked the left front of the wind screen of the truck which got cracked. The police lifted hair from the broken part of the speaker of the truck. Liquor bottle, wrapper and blood stains were also lifted. The police also took into possession seat cover, I -phone, two speakers and the aforesaid articles were sealed in parcel and sent for chemical examination. The accused persons were arrested and were medically examined. The matter was investigated and challan was put up after completing all the codal formalities.

(3.) M /S. G.R. Palsra and Ravinder Thakur, Advocates for the respective accused, have vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. Ramesh Thakur, learned Asstt. Advocate General, appearing for the State has supported the judgment of the learned trial Court dated 17.12.2013.