BITTU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This case discloses a very sordid state of affairs where neither the prosecution nor the Court thought it fit at the appropriate time to go into the question as to what is the age of the accused. In case this had been done at the appropriate time a long and unnecessary trial could have easily been avoided.

(2.) THE background of the case is as follows:- The prosecutrix in this case was born on 22.4.1987. According to her in December, 1999 she had gone to the house of Dhani Ram to attend the marriage of Asha Devi daughter of Dhani Ram who is her 'Bua'. She stayed the night in Dhani Ram's house. Further according to the prosecutrix, appellant-Bittu, one other girl Pompa and the prosecutrix slept on one bed and one other person, namely, Devinder slept on another bed. In the middle of the night, accused Bittu tried to open the 'Nara' of her salwar. The prosecutrix woke up and raised an alarm. The accused then placed his hand on her mouth. Thereafter the accused is alleged to have raped the prosecutrix. According to the prosecutrix when she was being raped, Devinder lit a match stick and saw what was happening but did not intervene. After she was raped the prosecutrix, the accused and Pompa kept sleeping on the same bed. In the morning, the accused promised to marry her and also threatened her that in case she told anybody about the incident then he would kill her.

(3.) AFTER the F.I.R. was lodged, the police swung into action and investigated the matter. The challen was filed in the Court and finally the accused was convicted of having committed an offence under Sections 376 and 315 I.P.C. He has been sentenced to undergo rigorous imprisonment for a period of seven years under Section 376 I.P.C. and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo rigorous imprisonment for one year. For the offence under Section 315 I.P.C., the accused has been sentenced to imprisonment for three years and to pay fine of Rs.1,000/- and in default of payment of fine to undergo imprisonment for six months.