KAPIL DEV Vs. STATE OF H P

JUDGEMENT

(1.) Instant appeal stands directed against the judgment rendered on 12.07.2013 by the learned Special Judge, Mandi, H.P. in Sessions trial No.45/2009, whereby, the learned trial Court acquitted the accused/appellant herein for his committing an offence punishable under Section 3(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, however, he convicted the accused /appellant herein for his committing offences punishable under Sections 376 and 366 of the IPC and sentenced him as under:-

(2.) The facts relevant to decide the instant case are that the prosecutrix belongs to schedule caste and the accused met the prosecutrix while travelling in a bus and requested the prosecutrix to give her telephone number, to which the prosecutrix refused. The accused had given his mobile number on a piece of paper to the prosecutrix. On 27.08.2008, at about 7.30 a.m., the accused tried to contact the prosecutrix on telephone number of her uncle, which phone was attended by Rukamni Devi, the cousin sister of the prosecutrix and the accused had told said Rukmani Devi that he was having some urgent work with the prosecutrix and he wanted to talk her, at which the prosecutrix attended the call of the accused at about 7.30 a.m. The accused requested the prosecutrix to come to Bali Chowki, at which the prosecutrix went to Bali Chowki where the accused met her at about 12 O'clock in the noon. The accused expressed his intention to marry the prosecutrix to which the prosecutrix refused on the ground that she was belonging to scheduled caste, but the accused pretended to of her caste and insisted upon to marry her on the same date and took the prosecutrix to Aut, where during the night he committed rape upon the prosecutrix twice and thrice on the pretext of marrying her. However, on the next date the accused disclosed that he was already married and he was having wife and children and he told the prosecutrix to go to her parental aunt's house as he has to arrange money and the accused assured the prosecutrix to take her with him after bringing the money. Consequently, she went to her aunt's house at Shamsi. Mani Ram, the father of the prosecutrix, on finding that the prosecutrix has not returned to her house on 27.08.2008, carried out search for her, but could not succeed and on 29.8.2008 he came to know that the prosecutrix was in the house of his sister at Shamsi, at which he along with his wife and daughter Indira went to the house of his sister at Shamsi, where the prosecutrix met them. The prosecutrix kept on waiting for the accused till 29.08.2008, but the accused did not turn and on 29.08.2008, the prosecutrix made a telephone call to the accused and asked him to marry her, at which the accused disclosed that he would get her married with some suitable boy. The prosecutrix thereafter disclosed about occurrence to her father Mani Ram and they kept on waiting for the accused, but the accused did not turn up. Thereafter, the prosecutrix alongwith her father approached Tek Singh, the then Pradhan Gram Panchayat, Devdhar and told him that the prosecutrix was enticed away by the accused on the pretext of marrying her and the accused committed sexual intercourse with the prosecutrix on such pretext. Tek Singh, thereafter also talked with the accused and tried to settle the matter, but the accused expressed his inability to solemnise the marriage with the prosecutrix, at which the prosecutrix was advised by said Tek Singh to report the matter with the police. On 30.08.2008, the prosecutrix along with her parents went to Police Post Bali Chowki from where they were taken to Police Station, Aut, where FIR Ex.PW1/A was lodged by the prosecutrix. Thereafter police completed all the codel formalities.

(3.) On conclusion of investigation(s), into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the competent Court.