MANOJ KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 2.5.2013 rendered by the learned Sessions Judge, Hamirpur, in Sessions trial No. 25 of 2012, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing offences punishable under Sections 376 and 506 of the Indian Penal Code also sentenced him as under: -

(2.) Brief facts of the case are that on 2.6.2012 prosecutrix alongwith her mother moved an application Ex.PW -1/B before the Police Station, Barasar alleging therein that she is resident of village Kohdra Pattian and studying in eight class in Government Middle School, kyara Bag. Teacher Manoj Kumar (accused) is a resident of village Kotlu and he teaches the students of Primary wing in her school. On 24.3.2012 at about 1.00 p.m. when she was going alone to her village accused followed her and seeing her alone he caught hold her from the arm and took her towards the cluster of bamboos and committed rape on her. It is further alleged that thereafter on 4.4.2012 at about 3.00 p.m. when she was coming to her house from the school, accused again committed rape on her. Accused Manoj Kumar used to talk to her on mobile No. 96252 89319 which belongs to her mother. He had taken this mobile number from her on 23.3.2012 by saying that her Hindi teacher had been asking for the same. Accused used to talk on this mobile number with her because there in only one mobile phone in her house and the same is with her mother. On 24.5.2012 while accused was talking with her on phone, her mother heard their conversations and enquired about it, on which the prosecutrix narrated the whole incident to her mother. She also disclosed to her mother that accused used to tease her in the school and threatened that in case she disclosed the incident to any one, she would be killed. Due to all this she stopped going to school. She requested for action against the accused. FIR Ex. PW -18/A came to be registered on the application aforesaid. Thereafter investigation of the case was handed over to ASI Madan Lal (PW -21). On the same day Pradhan Kashmir Singh (PW -4) handed over one complaint Ex.PW -3/A which was written by Ranjit Singh (PW -3) father of the prosecutrix to ASI Madan Lal alongwith the statements of the prosecutrix and accused comprised in Ex. PW -1/A and PW -4/A respectively, which were taken into possession by him vide recovery memo Ex.PW -4/B in presence of witnesses Roop Singh (PW - 5) and Joginder Singh. Site plan Ex. PW -21/A was prepared by the Investigating Officer. The accused was arrested and information about his arrest given to his relatives. Vide application Ex. PW -PW -18/C, medical examination of the prosecutrix was conducted and her MLC Ex. PW -16/C was obtained. Underwear Ex.P -1 and vaginal smear of the prosecutrix were preserved and samples were sent for chemical examination. As per PW -16 there were signs of sexual intercourse, but no sign of forceful sexual intercourse. The investigating Officer sent the accused to CHC Barsar and vide application Ex.PW -21/B his medical examination was conducted. His MLC is comprised in Ex. PW -8/A. As per the MLC the accused was found capable of performing sexual intercourse. PW -8 took the underwear Ex.P -3 of the accused and sealed the same in a cloth parcel Ex.P4 and handed over the same to the police. Thereafter on application Ex.PW -21/C the investigating Officer obtained birth certificate of the prosecutrix which is comprised in Ex.PW -14/A. Statements of the witnesses as per their version stand recorded. On 8.6.2016 the Investigating Officer recorded the supplementary statements of the prosecutrix, her mother and Roop Singh (PW -5). While recording statements of the witnesses, the Investigating Officer got conducted the videography through C Raj Kumar and CDs Ex.PW -10/A were prepared. On 13.8.2012 the investigating Officer made a request letter Ex.PW -21/E to the Secretary, Gram Panchayat, Kyara Bag and received the receipt Ex.PW -14/B vide letter Ex.PW -14/C from Kanta Kumari. Thereafter PW -21 also wrote a letter to the Superintendent to police, Hamirpur for obtaining billing address and call detail alongwith tower location of mobile No. 96252 - 89319 and 94189 -75637 and received the same through Nodal Officer Madan Lal and JTO Sachin Bansal, which are Ex.PW -12/A (6 leaves) and Ex.PW -13/A (10 leaves) and it was found that accused had been talking to prosecutrix between the period from 23.3.2012 to 11.6.2012. The investigating Officer on an application comprised in Ex.PW -21/F obtained record (Ex. PW -15/A and 15/B -1 & 2) regarding admission of the prosecutrix and her attendance w.e.f. 24.3.2012. The case property was deposited with the MHC Ravi Kumar(PW -9) who entered the same in the Malkhana concerned, abstracts of entries in the Malkhana register comprised in Ex.PW -9/A and E.PW -9/B and sent the parcels to RFSL Gutkar for chemical examination through C Sunil Kumar vide RC No. 81/12 copy of which is Ex.PW -9.C. On receipt of RFSL report and completion of all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

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