BASANT RAM Vs. STATE OF H P

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment of the Sessions Judge, Kinnaur Division at Rampur Fiushehar in Sessions Trial No. 18 of 1996 decided on 12-7-1999 whereby he has convicted the accused of having committed an offence under Section 376, IPC and sentenced him to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 5000/- and in default of payment of fine to suffer further rigorous imprisonment for 3 months,

(2.) The prosecution case, in brief, is that on 14/7/1995 the prosecutrix was proceeding to Pasha Kanda for extraction of Dhoop. She was accompanied by her daughter aged 4 years. The prosecutrix is a widow and had lost her husband a year earlier. When they reached Mooling, accused Basant Ram rnet them. He took the daughter of the prosecutrix and placed her on his mule. When they reached a place called Basteech the accused forcibly dragged the prosecutrix and raped her. The prosecutrix returned to her home after one day and narrated the incident to her sistei in-law Kesarmam, P.W. 6 Nargya Chherina, who is brother of the prosecutrix was also away to collect Dhoop in another area and was coming home on 16/7/1995 when he met Longu Ram. Longu Ram informed his that his sister had been sexually abusrd by the accused and had gone home weeping. He reached home on 17/7/1995. The proseculrix complained to him that she has been raped by the accused. She started crying that she is an orphan and a widow ant I there is none to stand by her side. Thereafter he along with the prosecutrix went to the police station at Bhabha Nagar on 18/7/1995 and the complaint was lodged at 10-15 a.m.

(3.) The prosecutrix was sent for medical examination on 20/7/1995 and the doctor opined that though there were signs of struggle but there was nothing suggestive of recent vaginal penetration. The police thereafter inspected the spot and recovered some places of broken bangles vide memo Ext. PA. These places are alleged to be pieces of the bangles worn by the prosecutrix at the time of the rape. A site plan Ext. PF was also prepared. She produced her salwar worn by her at the time of the incident. As per the FSL report (Ext. PH) human blood was found on the Salwar and the vaginal smear of the prosecutrix. On completion of the investigation a challan was put up against the accused. On being charged the accused pleaded not guilty and claimed trial.