GIAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant stands convicted by the Sessions Judge. Bilaspur for the offence under Section 376 -P.C. for having committed forcible sexual intercourse with Kumari Seema a girl of tender -age of about 5 -1/2 years. He has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 5000/ -. In default of payment of fine he has been sentenced to undergo rigorous imprisonment for a further period of six months. It was directed that the fine if realised shall be paid to the mother of the prosecutrix Kumari Seema.

(2.) THE prosecution story briefly stated, is this: Smt. Kalaso Devi the mother of the prosecutrix is a resident of village Baru, Tehsil Ghurnarwin. District Bilaspur. Her husband has died about eight years before the occurrence. She has three children. The eldest child is a son named Rakesh The second child is a daughter of about 13 years of age the prosecutrix Kumari Seema is her youngest child Smt. Kalaso is living in a separate potion of a building in which her father -in -law and brothers of her late husband are residing.

(3.) DURING the course of investigation, shirt Ext. P.1 and salwar Ext. P.2, which the prosecutrix was wearing at the time of alleged occurrence were taken into possession. The prosecutrix was got medically examined. The appellant was arrested and also got medically examined. On the completion of the investigation, the appellant was put to trial for the offence under Section 376 IPC.