RAMESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against Judgment/Order dated 24.12.2015/2.1.2016 rendered by learned Additional Sessions Judge (II), Mandi, District Mandi, Himachal Pradesh in Session Trial No. 23/2013, whereby appellant -accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offences punishable under Sections 452, 342 and 376 IPC, has been convicted and sentenced to undergo simple imprisonment for a period of one month and to pay fine of Rs.500/ - under Section 342 IPC, in default of payment of fine, to further undergo simple imprisonment for one week. He has been further sentenced to undergo rigorous imprisonment for seven years under Section 452 IPC and to pay a fine of Rs.10,000/ -, in default of payment of fine, to further undergo simple imprisonment for two months. Accused has further been sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine to the tune of Rs.50,000/ - under Section 376 IPC, and in default of payment of fine, to further undergo simple imprisonment for six months. All the sentenced were ordered to run concurrently.

(2.) Case of the prosecution, in a nutshell, is that, prosecutrix (PW -1) is the eldest daughter of her parents. In the year 2012, she was studying in 9th standard. Her date of birth is stated to be 20.8.1998. PW -2 is the mother of the prosecutrix. She noticed that the belly of prosecutrix was bulging. She took her to Banga Diagnostic Centre, Sundernagar and doctor after conducting ultrasound found that there was a live foetus of 24 weeks. Parents of the prosecutrix took her to Kamla Nehru Hospital, Shimla for the purpose of abortion. On 4.9.2012 at about 10.05 AM, Rapat No. 22(A) Ext. PW -16/A was drawn in Police Station, Shimla East, on the basis of telephonic message of Constable Ravi Kumar of Kamla Nehru Hospital, booth. He informed that one girl aged about 14 years has been brought by her parents for the purpose of abortion in Kamla Nehru Hospital, Shimla and Medical Officer had informed this fact to him. On the basis of aforesaid Rapat, ASI Taranjit Singh (PW - 14) alongwith constable Sandeep Kumar visited Kamla Nehru Hospital, Shimla. He recorded the statement of the prosecutrix Ext. PW -1/A under Section 154 CrPC. According to the contents of Ext. PW -1/A, prosecutrix was raped in her house and due to this reason she became pregnant. ASI Taranjit Singh sent a Rukka through Constable Sandeep Kumar (PW -15) to the Police Station, Balh. PW -11 Bahadur Singh, PS Balh, after receipt of Rukka has drawn case FIR Ext. PW -11/A. ASI Om Parkash (PW -18) recorded supplementary statement of the prosecutrix, in which she disclosed that she was taking bath in her kitchen when accused entered into her house, opened the door and forcibly committed rape upon her. Due to fear, she could not tell this fact to her parents. Accused was medically examined. Investigating Officer moved an application Ext. PW - 4/A to the Principal, Government Senior Secondary School, Dessehra to obtain the date of birth certificate of the prosecutrix. He obtained the birth certificate Ext. PW -4/B from PW -4 Smt. Kiran Kumari, Trained Graduate Teacher(Medical). He also obtained date of birth certificate from PW -17 Suresh Kumar, Secretary Gram Panchayat Bairkot. According to HC Raj Kumar (PW -5), after the birth of male child, his blood on the FTA card was taken for the purpose of DNA profiling. Dr. Richa Sharma (PW -13) has taken blood of the accused on FTA card and blood sample of prosecutrix was also taken on FTA card. These samples were deposited with him and sent on 4.1.2013 to FSL Junga. The result of the DNA was received on 1.3.2013 vide report Ext. PW -20/A. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as twenty four witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. His case was that of denial simpliciter. Accused was convicted and sentenced as noticed herein above. Hence, this appeal.