SAURABH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Court, whereby he has been convicted of offences punishable under Section 376 read with Section 511, Section 377 read with Section 511 and Section 506 of the Indian Penal Code and sentenced as follows: Offence Sentence & fine Three years rigorous imprisonment & a fine of Rs.5000/-; in default of payment of fine rigorous imprisonment for a further period of six months; Three years rigorous imprisonment & a fine of Rs.5,000; in default of payment of fine rigorous imprisonment for a further period of six months; Simple imprisonment for six months & a fine of Rs.1000/-; in default of payment of fine simple imprisonment for a further period of three months.

(2.) APPELLANT was sent up for trial for the aforesaid offences on the following allegations. On 13.1.2006, the prosecutrix, who at that time was aged about 19 years, was all alone at her parents' place. Around 12.30 p.m. the appellant went there and enquired from the prosecutrix as to where other members of her family had gone. On being told that the mother and the younger sister of the prosecutrix had gone to Hamirpur and the elder brother had gone to a nearby village for hair dressing, the appellant lifted the prosecutrix, who was sitting in a chair, and carried her to her parents' cow-shed situated close-by and there he first attempted to commit rape on her but when the prosecutrix resisted his attempt, he forcibly turned her side and mounted on her back and attempted to commit sodomy. The prosecutrix continued to struggle as a result of which the appellant could not succeed even in the attempt to penetrate his male organ in the anal canal of the prosecutrix. The appellant then told the prosecutrix that he was interested in marrying her and left the scene threatening her that in case the incident was narrated to anybody, the consequences would be serious. The prosecutrix had been crying and weeping, when one of her neighbours, namely Veena Devi (PW-7), noticed her. She enquired from the prosecutrix as to what had happened. She was told by the prosecutrix that the appellant had attempted to dishonour her. Soon Sandeep Kumar (PW-2), brother of the prosecutrix, reached. He also saw the prosecutrix crying. He was told by the prosecutrix that the appellant had attempted to rape and sodomize her. He then started for the Police Station, in the company of the prosecutrix. On the way their mother PW-3 Gyatri Devi met them. Sandeep Kumar then returned to the village to lock the house and Gyatri Devi accompanied the prosecutrix to the Police Station. After locking the house Sandeep Kumar (PW-3) also reached the Police Station. The prosecutrix lodged the report with the police.

(3.) APPELLANT was arrested the same day. He too was got medically examined and the doctor (PW-5 Dr. B.R. Thakur) noticed the following injuries on his person: