STATE OF HIMACHAL PRADESH Vs. LAL CHAND

JUDGEMENT

(1.) In this appeal, preferred under the provisions of Section 378 of the Code of Criminal Procedure, State has laid challenge to the judgment dated 23.7.2008, passed by learned Sessions Judge, Kullu, Himachal Pradesh, in Sessions Trial No.36/2006, titled as State v. Lal Chand.

(2.) It is the case of prosecution that the prosecutrix (PW-2), born on 28.7.2986, in the month of June, 2004, was allegedly subjected to sexual intercourse by the accused. Within a week's time, she was again subjected to sexual intercourse. On both the occasions, the act was committed, during broad day light and within the precincts of the house of the accused. At that time, her mother was ill and admitted in the hospital at Kullu. The fact that she had conceived through the accused, came to be known to the prosecutrix at the time when she was medically examined in Naru Clinic at Kullu. This was when Pawna Kumari, sister-in-law (Bhabi) of the accused, had taken her for medical examination. According to the prosecution, Pawna Kumari wanted the prosecutrix to get the foetus aborted, to which she resisted and lateron gave birth to a male child, whom she named as Shivanshu. An endeavour was made by the families to have the matter reconciled. Her offer of marrying the accused did not find favour with him. Resultantly, the matter was reported to the police and FIR No.248, dated 25.12.2004, for commission of offence punishable under the provisions of Section 376 of the Indian Penal Code, came to be registered at Police Station, Manali. Investigation conducted by ASI Khem Chand (PW-14) prima facie revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

(3.) Accused was charged for having committed offences punishable under the provisions of Sections 376 & 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.