RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both these appeals are being disposed of together as both appeals arise from the judgment passed by learned Sessions Judge (Forests), Shimla in Session Trial RBT No. 10-S/7 of 2015/15 dated 02.11.2015, vide which learned trial Court has convicted the accused for commission of offence punishable under Sections 376-D and 506 of the Indian Penal Code (in short 'IPC') and sentenced each of them to undergo rigorous imprisonment for twenty years and to pay fine of Rs. 25,000/- each for commission of offence punishable under Section 376-D of the IPC and further rigorous imprisonment of two years in the event of default of payment of fine. The accused have also been sentenced to undergo rigorous imprisonment of one year for commission of offence punishable under Section 506 of the IPC.

(2.) The case of the prosecution was that on the basis of statement of prosecutrix recorded under Section 154 of the Code of Criminal Procedure (in short 'Cr.P.C') Exhibit PW5/A dated 16.05.2014, FIR Exhibit PW19/A was registered against accused under Sections 376-D and 506 of the IPC.

(3.) As per the prosecutrix, at the relevant time she had appeared in 10+2 Commerce examination from Loreto Convent Tara Hall School, Shimla and since the year 2013 Munish was known to her. On 15.05.2015 she went to Ava Lodge to purchase BBA form and Munish had met her at City Point. After the purchase of the BBA form, for the attestation of her photo, both of them came to D.C. Office, Shimla, however, attestation work could not be done, so they decided to meet on 16.05.2014 at 11:00 a.m. near Landmark hotel. Accordingly, on 16.05.2014, they met near Landmark hotel and proceeded on foot towards 103 tunnel. There they sat on a milestone and after some time proceeded towards Ava Lodge. At this stage, accused Rakesh Kumar (referred to in statement made under Section 154 of the Code of Criminal Procedure as 'one bald person') came and informed them that police had conducted a raid and was apprehending couples, as it had recovered drugs from two couples. Further as per the prosecutrix, on his coercion she and Munish agreed to follow him, who took them towards the forest. In the meantime, accused Rakesh Kumar received a telephone call and stated that he had saved them from the raid. Accused Ram Parsad (referred to in the statement under Section 154 of the Code of Criminal Procedure as 'the other person') came from the opposite direction and both the accused assured her and Munish that they will leave them at Summer Hill Chowk. Ram Parsad asked them (prosecutrix and Munish) to get separated from each other, otherwise they will be apprehended. As per the prosecutrix, though she requested Manish not to leave her but he did not agree and both of them proceeded on separate paths. After covering some distance, accused Rakesh Kumar sat down on the ground and stated that he was tired. He asked her also to sit down but when she refused, he forced her to sit. In the meanwhile, accused Ram Parsad also reached there but Munish was not with him which raised her suspicion. Thereafter both these persons forcibly got hold of her and put her in a gunny bag. Though she cried but her mouth was gagged. Thereafter, as per the prosecutrix, she was raped by both the accused. They threatened her that in case she tried to cry they will throw her in a ditch and if she disclosed this incident to anybody, she will be defamed in the society. They returned her mobile phone which was switched off by them. They dropped her near a temple where a white coloured building was situated and ran away towards the forest. Prosecutrix disclosed the entire incident to a lady who informed her Bhabhi. Her family members brought her back alongwith other persons and from her house, she was taken to Police Station West, Shimla. There she disclosed that both the accused had committed sexual intercourse with her.