TRILOK CHAND Vs. STATE OF HP

JUDGEMENT

(1.) The trial Court has convicted the accused for offence under Section 366, Indian Penal Code. He has been sentenced to rigorous imprisonment for four years and pay fine of Rs.2,000/-. In default of payment of fine, to undergo further rigorous imprisonment for six months. He has, however, been given benefit of Section 428, Criminal Procedure Code, 1973. Feeling aggrieved by this judgment, the accused has filed the present appeal. The prosecution case may, brietly, be stated as under.

(2.) Prosecutrix Kumari Soma Devi (hereafter prosecutrix) is the daughter of Puran Chand (P.WA). The accused resided nearby the house of the prosecutrix, however, he used to come to her house daily for fetching milk. Because of these daily visits, the prosecutrix and the accused came closer to each other. The accused sought her company but when she declined, he started saying that he would commit suicide. He also induced her to perform marriage with him and promised to provide her good clothes and ornaments. During the night of 13t714tAugust, 1987, she was sleeping in one of the rooms of the house along with her sister and two brothers. Her parents were sleeping in the adjoining room. At about 3/4 a.m., the accused came into the room, coaxed and coerced the prosecutrix to elope with him and in case she did not do so, he threatened to commit suicide. Finally, he succeeded in enticing her away and reached near Jagaat Khana and proceeded towards Subathu by bus. They went to Chintpumi in District Una. The accused took her to his house. He was questioned by his mother why he had brought a stranger girl to the house. The accused told that he would marry the prosecutrix. The mother of the accused settled them in different rooms, however, at about 9.10 p.m., the accused entered into the room of the prosecutrix and cohabited with her without her consent. Though the prosecutrix offered resistance, yet soon her resistance, failed. Repeated acts of sexual intercourse were committed on her by the accused during the said night.

(3.) The next morning, the accused took the prosecutrix to Beas. The accused stitched new clothes to her since the old clothes had become blood stained on account of forcible sexual intercourse by the accused with her. These bloodstained clothes were kept in a bag by him. For 34 days, she was kept in the Derra of Radha Swami at Beas. When they returned to their- house, they were caught by the police. During the investigation, the blood-stained Shirt, Salvar and Dupatta were taken into possession. The clothes worn by the prosecutrix and the accused at the time of arrest, were also taken into possession by the police. The prosecutrix was found under 16 years of age at the time of commission of the offence. After collecting the evidence and completing the investigation, charge- sheet was submitted for the prosecution of the accused for offence under Ss. 363/366/376, Indian Penal Code.