YASHPAL AND ORS. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these appeals arise out of the very same impugned judgment, they are being disposed of as such.

(2.) Appellants -convicts Paras Ram, Yashpal, Trishla alias Sheela, Gurdiyal and Bimla Devi, hereinafter referred to as the accused, have assailed the judgment dated 17.6.2015, passed by Special Judge, Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No. 143 of 2013, titled as State of Himachal Pradesh v/s. Paras Ram and others, whereby they stands convicted and sentenced as under:

(3.) It is the case of prosecution that prosecutrix (PW -2), a 10th Class student, was residing in village Kamera, Tehsil Banjar, District Kullu, Himachal Pradesh, with her parents. On 19.8.2013, the eve of Raksha Bandhan, her parents left her in the village, for they had to celebrate the festival in village Arsu, Tehsil Nirmand, District Kullu. Prosecutrix and her sister Kumari Lata (PW -3) were to be taken care of by a co -villager. On 20.8.2013, prosecutrix was persuaded to visit the house of accused Bimla Devi, where she found accused Yashpal, Trishla and Gurdial sitting. They all goaded the prosecutrix to get married accused Paras Ram, more so on the ground that he belonged to a good family and was working in some Project. Without agreeing to the same, prosecutrix informed them that her parents were not at home. Then the accused asked her to cook food for them, which she did at her home, where except accused Paras Ram, all came and had the same. At about 11 p.m., prosecutrix was woken up by accused Trishla and Bimla Devi and taken away from her house, for solemnizing her marriage with accused Paras Ram. She was made to sit in a vehicle bearing No. HP -01K -3714 and after concealing her identity, taken to a place known as Randal, Tehsil Nirmand, District Kullu, from where she was taken to Sharnidhar and made to stay with accused Paras Ram, who in the night of 25th & 26th August, 2013, subjected her to forcible sexual intercourse.