NARINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7th December, 2006 passed by Sessions Judge, Solan, HP, whereby the appellant has been convicted for an offence under Section 376, Indian Penal Code (hereinafter referred to IPC) and sentenced to undergo imprisonment for a term of 5 years, keeping in view his physical condition and also to pay a fine of Rs.10,000/- and in default thereof to undergo simple imprisonment for a further period of six months.

(2.) IN view of the ratio of law laid down by the apex Court in Om Parkash vs. State of U.P., reported in (2006) 9 SCC 787, the name of prosecutrix is described as victim and the appellant-accused is hereinafter referred to as accused in the judgment.

(3.) HOWEVER , on the next day i.e. 6.2.2006, PW-2 narrated the incident to her teacher Meera Kumari (PW-5) and on 8.2.2006 telephonically informed the grand mother of the victim Smt. Kala Wati (PW-3). On being asked, the victim also narrated the entire incident to her grand mother (PW-3). On 9.2.2006 the accused called the victim and her grand-mother, who visited him alongwith her far off relation Devinder Kumar (PW-3) when the accused begged pardon and stated that whatever was to happen has happened and there was no benefit in pursuing the matter.