KISHORI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed against the impugned judgment rendered on 24.1.2014/27.1.2014, by the learned Special Judge, Hamirpur, Himachal Pradesh in Sessions trial No. 11 of 2013 RBT No. 19 of 2013, 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 on 29.1.2013 Smt. Leela Devi (PW -15) wife of accused along with her daughter /prosecutrix (PW -18) and mother Smt. Soma Devi (PW -16) came to the police Station, Hamirpur and lodged a report to the effect that she was married to accused about 18 years back as per Hindu rites and rituals and out of the said wedlock one son and one daughter were born. Her daughter/prosecutrix is mentally retarded since childhood owing to which she could not study. She was having strained relations with her husband and for such reason she has filed a case for maintenance. She has been living separately in a quarter at Hamirpur for the last one year. Her daughter (prosecutrix) has also been residing with her for the last 11 months and her son is residing with his father at village Gajoh. Her husband used to take her daughter with him for 2 -3 days by giving allurement and after that he used to drop her at her residence at Hamirpur. On 25.12.2012 accused had taken the prosecutrix to his house and dropped her back. The prosecutrix was under fear and was not keeping well. On inquiry by her mother, the prosecutrix told her that she is having mild pain in stomach. On the next day when the prosecutrix changed her clothes she was wearing gent's underwear and on inquiry she told that it was given to her by her father, the same was kept by her mother. On 27.1.2013 her daughter disclosed Neha (PW -3) and Rajni (PW -4) that about one month back her father gagged her mouth and forcible untied the string of her salwar and perpetrated sexual intercourse upon her. Both Neha and Rajni told the incident to Leela Devi. Then Leela Devi inquired from her daughter, who disclosed her that accused had committed sexual intercourse 2 -3 times with her and he also threatened that in case she disclosed about the incident to her mother or anyone else, she would be killed by him. The prosecutrix had menstrual period on 23rd day of the last month but she did not have the menstrual period this month. FIR Ex. PW -15/A was registered. The prosecutrix was medically examined. As per the report of the Doctor the possibility of sexual activity cannot be ruled out. On conclusion of the investigation into the offence allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused was charged by the learned trial Court for his committing offences punishable under Sections 376, 506 IPC and Section 4 of POCSO Act to which he pleaded not guilty and claimed trial.