STATE OF H.P. Vs. PRADEEP KUMAR

JUDGEMENT

(1.) The appellant has preferred this appeal aggrieved by the judgment and sentence dated 13.07.2012, vide which he has been convicted under Sections 450 and 376 Penal Code. Sentence of five years and fine of Rs. 2000.00 and on nonpayment of fine, further three months imprisonment has been imposed upon him for offence under Sec. 450 IPC; sentence of ten years and fine of Rs. 5000.00 and on nonpayment of fine, further six months imprisonment has been imposed upon him for offence under Sec. 376 I.P.C.

(2.) Briefly stated the facts of the case are that a typed FIR Ex.P-3 was lodged before the Superintendent of Police, Chittorgarh by the prosecutrix, wherein it was mentioned that on 19.04.2011, at around 11 p.m., when the husband of the prosecutrix had gone to the farm and she was with her daughter, she heard the sound of knocking at the door and hoping that it would be her husband, she opened the door, but she found the accused-appellant standing on the door. It is further stated in the FIR that the accused caught hold of her and placing his hand on her mouth, took her to the adjoining room and forcefully committed rape upon her. Immediately thereafter, her husband returned and the accused ran away. The prosecutrix has mentioned that she is very weak, because her valve is defective.

(3.) Upon lodging of the FIR, the police investigated the case, recorded the statements of witnesses, the statement of the prosecutrix were also got recorded under Sec. 164 Crimial P.C. and the police filed charge-sheet against the present appellant. The learned trial court framed charges under Sections 450 and 376 Penal Code against the present appellant, who denied the charges.