DHARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant was sent up for trial under Section 376 of the Indian Penal Code. The trial Court after appraising the evidence on record found the appellant guilty of offence under Section 376, I.P.C. vide judgment dated 30-5-95 and imposed the sentence of seven years rigorous imprisonment on him and a fine of Rs. 5,000/-. In default of payment of fine, the appellant was to suffer three months simple imprisonment. Out of the amount of fine a sum of Rs. 3000/- was ordered to be paid to the prosecutrix by way of compensation. The appellant has challenged his conviction and sentence in this appeal through Jail.

(2.) Briefly stated the prosecution case was that on April 17, 1992, the prosecutrix Km. Indra Devi (PW-1) aged between 16-17 years went to village Bagyanda for learning weaving work at about 9 a.m. from village Chhinjra in tehsil Kullu. She is the daughter of one Uttam, resident of village Ghaniara, tehsil Anni, district Kullu. At that relevant time, the prosecutrix had been residing at her sister's house and brother-in-law Megh Nath (PW-4) at village Chinjra. The distance between village Chhinjra and village Bagyanda is about 3 Kms. The prosecutrix used to go some-times on foot and some-times by Bus. On the alleged day of occurrence when she was returning from Bagyanda after her study on foot about 5 p.m. and reached the place Lalmod near village Chhinjra the appellant came from behind and caught hold of both her arms. She objected to it but in the meanwhile, the appellant pushed her to the down side of the road. The appellant pounced upon her and caught hold of her arm and gagged her mouth with his hands. The prosecutrix tried to assault the appellant in order to ward off the attack by him with a stone. In the meanwhile, the appellant pressed her throat. The appellant took out a knife from the pocket of his pant and threatened her that in case she raised noise, he would kill her and throw her body into the river. He removed her salwar. The appellant took possession of her salwar and told her to run away without it. She started running from there, but again the appellant jumped upon her and forcibly made her lie on the ground. The appellant himself lay over her. He pressed her throat with one hand and opened the zip of his pant with his other hand. Then the appellant had forcible sexual intercourse with her against her will and without her consent. He then returned the salwar to her. She put on it and ran towards the road. The appellant also followed her and caught hold of her arm on the road and started asking her not to tell the incident to anyone or else he would kill her. In the meanwhile, two boys Shiv Ram (PW-8) and Sher Singh (PW-15) came on the spot from the side of village Jaan. PW-Sher Singh asked the appellant as to what he was doing. In the meantime, a bus came from the side of village Jaan, and the appellant boarded it and slipped away from the spot. The prosecutrix came to the house of her sister at village Chhinjra accompanied by the aforesaid two boys. Her sister had gone at that time to her husband Megh Nath (PW-4) at village Kasol where he was serving as clerk in the H. P. State Electricity Board. The prosecutrix waited for the arrival of her sister but since she did not return till April 20, 1992, she went to the residence of PW-Megh Nath at village Kasol on April 20, 1992 and narrated the incident to her sister. When PW-Megh Nath returned from his office in the evening, he was also informed about the incident.

(3.) PW-Megh Nath brought the prosecutrix to Police Post, Manikaran on April 21, 1992 where she lodged the daily diary report (Ex. PW 1/A) at about 4 p.m. about the incident. Her report was recorded by Dabe Ram (PW-12). The formal FIR (Ex.PW-13A) was accordingly registered on the basis of report (Ex.PW-1/A) at police station, Kullu by Inspector Gurditta Ram (PW-13).