AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 14.3.2016 rendered by the learned Sessions Judge, Una, HP in Sessions Trial No. 23 of 2015, whereby the appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 376 and 506 IPC, has been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000.00 for the offence punishable under Sec. 376 Penal Code and in default of payment of fine, to further undergo simple imprisonment for three months. He has further been sentenced to undergo simple imprisonment for six months for offence under Sec. 506 Penal Code. Both the sentences have been ordered to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that on 6.12.2014, on receipt of information in Police Station, Amb, from Massa Singh (PW-2) of Gurudwara Mairi about rape, SI Darshan Singh (PW-22) went to Mairi Gurudwara where the prosecutrix got her statement recorded under Sec. 154 Crimial P.C. vide Ext. PW-1/A to the effect that she was a resident of Ropar in Punjab and was doing graduation. She reached Baba Bad Bhag Singh, Mairi at about 8.30 PM from her house in Ropar and stayed there till 4 AM. At 4 AM, she hired the taxi of accused for Dhaulidhar (Charanganga). She was all alone in the taxi. When she asked accused to take more passengers, he replied that he will take more passengers on the way to Dhaulidhar. But, on the way, he did not try to get any passenger and instead of taking the taxi to Dhaulidhar, took the same to a secluded place where he stopped the taxi and sat with her on the middle seat of the taxi and started assaulting her forcibly. When she resisted the acts of accused, he threatened her that he will call his 3-4 friends. Thereafter, accused forcibly committed rape upon her. Due to fear, she accompanied accused to Dhaulidhar in the same taxi and after taking bath at Charanganga, came back to Beri Sahib (Mairi) in the taxi in question and on her asking, accused, he told his name as Ajay Kumar alias Happy. After alighting from the taxi, she noted the number of the taxi as HP-07U-0140. she narrated the whole incident to Kulwant Kaur (PW-1). Thereafter, during investigation, prosecutrix produced her clothes. Seat cover of the middle seat of vehicle was also taken into possession. The prosecutrix as well as accused was medically examined vide Ext. PW-14/A and Ext. PW-5/B, respectively. Statement of the prosecutrix was also recorded under Sec. 164 CrPC, before the Judicial Magistrate. Report of the chemical examiner is Ext. PX. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as twenty two witnesses to prove its case against the accused. Accused was examined under Sec. 313 of Criminal Procedure Code. He has denied the case of the prosecution. Accused was convicted and sentenced as noticed above. Hence, this appeal.