RAJKUMAR ALIAS RAJU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Kullu dated 5-4-2006, vide which the appellant was held guilty under Sections 376 and 452, I. P. C. and was convicted and sentenced as under:

(2.) The appellant was convicted under Sections 452 and 376 ,I. P. C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/- for the commission of offence under Section 376, I. P. C. In default of payment of fine, the appellant was ordered to suffer imprisonment for one year. The appellant was further sentenced to rigorous imprisonment for two years and to pay fine of Rs. 1,000/- for the commission of offence under Section 452, I. P. C. In default of payment of fine, the convict was ordered to imprisonment for one month. The sentences awarded were ordered to run concurrently.

(3.) Briefly stated the facts of the case are that on 29-4-2005 at about 8.15 a.m., a telephonic message was received at Police Chowki Jari, District Kullu from one Jindu Ram, Pradhan that one Raj Kumar who was serving with him as a labourer has entered his house and committed rape with his wife who has been apprehended at the spot. On receipt of this report a Rapat was entered at the Police Chowki and a police official reached the spot and recorded the statement of Smt. Nalthi Devi complainant under Section 154, Cr. P. C. In the said complaint she alleged that she was married to Jindu Ram for the last 24 years and two sons and one daughter were born to her. On the previous night her husband, sons and daughter-in- law had gone to Village Dharambehar where they have constructed their new house. Her daughter Budhi Devi and her grand son aged about 8 years were in the house. She was sleeping along with her grand son in the room, while her daughter was sleeping in the adjoining room. At about 10 p.m. Raj Kumar who was working with her husband as labourer and living in a khokha nearby, entered her room after opening the door and caught hold of her. He committed rape upon her. She tried to rescue herself and raised noise and on hearing the noise, her daughter Budhi Devi came there. Thereafter the persons from the nearby village, namely, Chaine Ram, Shiv Chand, Nathu Ram, Kessi Ram etc. also reached there and apprehended Raj Kumar who was under the influence of liquor. It was further alleged that Nup Ram and Kalu Ram went to call her husband who came back at about 5 a.m. Oh this statement a case was registered and investigated by the Police. The Medical Officer PW-1 Dr. Geeta Kaul who examined the prosecutrix opined that the prosecutrix was subjected to sexual inter course and the prosecutrix was exposed to frequent coitus. The accused was also medically examined and was found fit to perform sexual intercourse. As per the opinion of PW-10 Dr. Rajender Kohli. The police also took into possession the certificate from the Panchayat in regard to the caste of the prosecutrix and her husband. On completion of the investigation challan was filed before the Court. The learned Sessions Judge framed charge against the appellant under Sections 452 and 376 of the I. P. C. On conclusion of the trial the appellant was held guilty and was convicted and sentenced as detailed above.