FITTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a jail appeal filed by the appellant Fitta, hereinafter referred to as the accused, challenging the order of conviction passed against him by the Sessions Judge, Kangra Division camp at Chamba, on December 3, 1984, for the offence under S.376 of the Penal Code, sentencing him to undergo rigorous imprisonment for a period of five years.

(2.) The prosecution case before the trial court was that one Smt. Bhutto wife of Abhiya Ram and the accused Fitta belong to two neighbouring villages Patnehar and Chanohta respectively at a distance of about one k.m. from each other. (probably the village Pantehar is a part of village Chanohta). On May 19, 1984, said Bhutto along with other young children of her village like Jarmo and Km. Meenaki etc. went to graze their respective cattle in the nearby jungle known as Kunahal. At about mid-day, the cattle of the companion graziers of said Smt. Bhutto strayed away and they all then went to bring them back except said Smt. Bhutto who remained at the place where they were all together with her cattle. Meanwhile, the accused Fitta happened to bring his cattle there for grazing and finding that said Smt. Bhutto was alone over there he stealthily went to her, lifted her body on both his arms and then made her lie at a distance of about 10 yards from the place where she was sitting. He then snapped the string of her 'salwar' and in that process also tore a part of the salwar. He then took off his own kachha and subjected said Smt. Bhutto to forcible sexual intercourse. Although said Smt. Bhutto tried to resist the accused at that time but she could not do much as she was in an advance stage of pregnancy of six to eight months. She then raised an alarm shouting "Bachao-Bachao". Her companion graziers on hearing her out-cries came to the place of incident when they found that the accused was still in a compromising position with Smt. Bhutto lying over her body. Her companion graziers then threw stones and tree-bark lying over there on the accused to scare him away and when he did not do so they even tried to pull him away from the body of Smt. Bhutto by his coat but to no avail and he left the body of Smt. Bhutto only after he had completed the sex act and while leaving the place of incident, he threatened all those present over there with dire consequences in case any one of them complained to anybody about the incident.

(3.) Immediately after this incident said Smt. Bhutto put on the torn salwar and went to her house and narrated the entire incident to her husband's mother Smt. Sallo. The husband of said Smt. Bhutto Abiya Ram had gone to work as a labourer and when he returned home in the evening at about 6.00, said Smt. Bhutto again narrated the incident to him as well.