TILAK RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT , who has been convicted of offences under Sections 452 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months for offence under Section 452 and to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.25,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of one year for offence under Section 376 of the Indian penal Code, by the Fast Track Court (Sessions Court), has sought reversal of the judgment convicting and sentencing him, as aforesaid. Whether reporters of Local Papers may be allowed to see the Judgment?

(2.) CASE of the prosecution, as per record, is as follows. On 13.9.2004 the prosecutrix, who is a married woman, slept at her place along-with her two minor daughters, aged 8 and 6 years, after chaining the door of the house from inside. Her husband, who is a mason, was not at home that night. Around 9.00 or 9.30 she heard the sound of the door of her house being pushed. She got up with a view to lighting a lamp, as there is no electric light in her house. When she was about to ignite the match stick, the door opened and the appellant entered the house of the prosecutrix. He caught the prosecutrix by her forearms and twisted the same. Then he loosened the string of her 'Salwar' and removed it. He severely pinched the prosecutrix on her thighs and also bit her on her cheeks and breasts due to which she got exhausted. The appellant then committed sexual intercourse with her without her consent and against her will. The daughters of the prosecutrix woke up when the appellant entered the house. They started crying when the appellant committed rape on the prosecutrix. There being no habitation nearby, nobody was attracted by the cries of the girls. The appellant after committing the crime left the house threatening that in case anybody was informed about the incident, the prosecutrix and her daughters would be done to death.

(3.) PROSECUTRIX informed the police that while resisting the act of rape, she had caused an injury on the neck of the appellant with her nails. The police got the appellant medically examined and a bruise was noticed just below the neck, which was opined to have been caused between 36 to 72 hours. Medicolegal examination of the appellant was conducted on 16.9.2004.