PIAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal, against the judgment passed by Additional Sessions Judge, Bilaspur in Sessions Trial No: 8 of 1989, dated 1 -6 -1991, whereby he has been convicted under Section 376 for 7 years rigorous imprisonment and to pay fine of Rs.3,000/ - payable to the mother of the prosecutrix, in default whereof he has been ordered to undergo further rigorous imprisonment for 6 months. Appellant has been acquitted of the other charge framed against him under Section 306 I.P.C.

(2.) Appellant was prosecuted for having allegedly committed the offence of rape against the wishes of the prosecutrix namely kumari Tripta Devi on 23 -7 -1988 when she had gone out to answer the call of nature at about 5 -00 p.m. According to prosecution, since it was raining so she had taken with her umbrella and a Garbi full of water, when the appellant came there and caught her from behind and made the prosecutrix lie on the ground and also took of his Pant. Appellant is further stated to have tied down both of her hands on the back side with her Dupatta and thereafter forcibly committed sexual intercourse. According to prosecution, the appellant threatened the prosecutrix that in case she raised an alarm he would kill her. It has come in prosecution evidence that since Kumari Tripta Devi did not return home after answering the call of nature, her mother, PW 2 - Ram Piari alongwith her sister Asha Kumari came to the spot and they saw the occurrence. On seeing both of them, the appellant fled frorr the place of occurrence. Hands of the prosecutrix PW 1 Kumari Tripta Devi were untied by her mother and she was brought home, on reaching where she narrated the incident to her mother, sister and Bhabhi Raj Kumari PW 3, who was present in house. According to prosecution, father of the prosecutrix was not at home and thus she came to Police Post at Bilaspur accompanied by her mother and sister as also PW 12 Onkar Singh Pradhan of Gram Panchayat Badgaon. Report Ex.PA was lodged which was recorded by PW 8 Birbal Ram, A.S.I, on the basis whereof formal F.I.R. Ex.PL was recorded at Police Station Talai by PW 13 Onkar Singh Moharar Head Constable.

(3.) Prosecutrix was examined by the lady doctor, PW -5 Dr. Mrs. S. Agnihotri and she issued Medico Legal Certificate Ex.PE. During the course of investigation, which was carried out by PW -14 Gurditta Ram SI/SHO, Lota as well as umbrella as also Dupatta with which the hands of the prosecutrix had been tied down, were taken into possession vide recovery memo. For ascertaining the age of the prosecutrix, extract (Ex.PG) from the records of the Gram Panchayat was also obtained by the investigator. Appellant was also got examined by the Police and such examination was undertaken by Dr. Chct Ram Verma, PW -6. After recording evidence and completion of the investigation, the appellant was challancd under Sections 376/506 I.P.C. before the trial court who committed him to the court of Sessions since the offence under Section 376 I.P.C. was exclusively tribal by the Sessions Court. Appellant was charged under Sections 376/506 I.P.C. and after conclusion of the trial, the appellant has been convicted and sentenced, as aforesaid. Explanation of the appellant given in his statement under Section 313 Cr.P.C. was that he is an innocent person and because of his enmity with Onkar Singh (PW - 12) on account of the party basis, he has been implicated in this case. According to the appellant, said witness had deposed against him on 3 or 4 occasion, otherwise his case is of denial in his statement under Section 313 Cr.P.C.