GULZAR MUHAMAD Vs. STATE OF H P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18/19-8-2003, passed by learned Sessions Judge, mandl, H. P. in Sessions Trial No. 13 of 1998, whereby the appellant (hereinafter referred to as the accused), has been convicted and sentenced, under Section 376 (2), IPC to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 20,000/ -. In default of payment of fine, he shall undergo rigorous imprisonment for a period of one year. Out of fine awarded, whole amount shall be payable to the prosecutrix on realization.

(2.) FACTS in brief are that Khem Chand, brother-in-law of prosecutrix and husband of P. W. 2 Rita Devi died after consuming poison on 27-8-1994. The police implicated p. W. 2 Rita and Prem Chand husband of prosecutrix in that case that the poison was administered by these two persons to Khem chand. This case was investigated by the accused. On 27-8-1994, at about 11 p. m. accused along with other officials went to the house of the prosecutrix and told proseccutrix that their statements are to be recorded on 28-8-1994 in connection with the death of Khem Chand and directed them to report at the Rest House, Majhwar on 28-8-1994. Accordingly, they reported at the Rest house at Majhwar and their statements were recorded. On 29-8-1994, the accused along with other police officials brought them to police Station, Sadar Mandi and the statements of prosecutrix, her sister and husband of the prosecutrix were recorded. Thereafter, the husband of the prosecutrix was arrested. The prosecutrix, her mother and sister were sent back. On 30-8-1994, the prosecutrix and her mother were again called to the Police Station.

(3.) THE prosecutrix and her mother reached the Police Station as 12. 00 noon On 30-8-1994. The accused called the prosecutrix and her mother to the upper storey of the Police Station, Mandi. When the prosecutrix and her mother entered the room, the accused bolted the door of the main gate leading to the stairs from inside. The mother of the prosecutrix was asked to sit in a room. The accused took the prosecutrix in the next room and bolted the room from inside. The accused told the prosecutrix that if she would not have sexual intercourse with him, he would implicate the prosecutrix, her mother and other family members in the case. The accused then committed forcible sexual intercourse with the prosecutrix against her wish. She did not raise any alarm as she got frightened and the accused also threatened her. The prosecutrix told the incident to her mother and none-else. Her mother told her to keep silent as accused is a police officer and he may implicate them in any other case. The husband of the prosecutrix was released on bail three-four days after accused had forcible sexual intercourse with the prosecutrix.