KHOJA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Khoja Rim (accused for short), was tried and convicted for an offence punishable under Section 37G of" the Indian Penal Code by the Presiding Officer, Fast Track Court Kangra at Dharamshia, He was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of rupees 10,000/-. In case of default in the payment of fine, the accused is to undergo further simple imprisonment for fix months, by his judgment dated February 18. 2005.

(2.) Dissatisfied the accused is in this appeal, Prosecution -case

(3.) Anita Devi, hereinafter referred to as the "victim", was twenty years of age at the relevant time- On May 11, 2002, her sister- in-law Usha Devi (PW-4] along with her husband had gone to attend the marriage. When she returned back from the wedding at about 6.30 p.m.. she gave a packet of sweets to the prosecutrix to deliver it in the house of Ramia Ram and also buy and bring soap from the shop but the victim did not return back till about 9.00 p.m. Usha Devi got worried and came out of the house in search of the victim. She saw the victim coming from the side of a nullah below along with the accused who fled towards his house. Victim was frightened. Usha Devi asked her the reason but she did not disclose anything. She look her to the house where she told her that Klioja Ram had sexually assaulted her. Her husband had not returned from the wedding. She waited for the arrival ot her husband next clay and report was lodged with the Police and FIR was registered on the statement of Usha Devi (PW-4], The accused was arrested by Assistant Sub-Inspector Krishnan Gopai PW 131.