LAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 21.11.2015, by the learned Special Judge, Mandi, District Mandi, Himachal Pradesh in Sessions trial No. 48 of 2014, whereby the learned trial Court convicted and sentenced the appellant (hereinafter referred to as "accused")as follows: - -

(2.) Brief facts of the case are that PW -1 is having two children, the victim and a son. The prosecutrix was born on 18.10.1996. She was not studying owing to mental disability. She even cannot speak properly. On 30.5.2014 the mother of the prosecutrix (PW -1) alongwith her son went to the school and returned back to home at about 3.30 p.m. The victim was sleeping at that time and was wearing her clothes inside out. On inquiry, the victim disclosed to PW -1 that accused took her to a room and bolted the door and thereafter committed forcible sexual intercourse with her. She cried for help, but the accused did not spare her. PW -3 the grandmother of the prosecutrix called from outside and also knocked at the door, but the accused did not open the door, however the door was opened by him after some time. On inquiry made by the grandmother of the prosecutrix, the accused did not give any satisfactory answer for not opening the door. PW -1 thereafter disclosed the incident to PW -2 her sister -in -law. PW -1 also disclosed about the incident to her aunt (PW -6) on telephone. The matter was reported to the police and FIR Ex. PW -1/B was registered. The prosecutrix was medically examined on application Ex. PW -18/A and MLC Ex. PW -18/B was obtained. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Sec. 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) The accused was charged by the learned trial Court for his committing offences punishable under Ss. 342, 376 IPC and Sec. 4 of POCSO Act to which he pleaded not guilty and claimed trial.