DALEEP SINGH @ DEEPU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgment of 15.03.2017 rendered by the learned Special Judge, Chamba, in Sessions trial No. 3 of 2016, whereby the learned trial Court convicted the appellant (hereinafter referred to as "accused") for his committing offences punishable under Sections 452 and 376 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual offences Act, 2012.

(2.) The brief facts of the case are that PW-1 being victim of the case had studied upto the 5th standard in a Government school. At home, the parents of the victim have kept cattle. On 8.11.2015 at about 6. a.m all the other family members, i.e. the parents, brothers and sister had gone to collect fuel wood at place Chukrasa i.e. by the side of river Ravi. She left back at home in the room where she alongwith her brothers and sister used to sleep. When the victim was sleeping in the room the accused came there and firstly switched on the light. He thereafter had switched it off. At that time the victim was lying on the bed. Without saying anything to the victim, the accused at once came on the bed and removed her slacks and committed forcible sexual intercourse. At about 8-9 a.m. when the parents of the victim had returned back home, on inquiries being made, the victim had disclosed the entire incident to her mother Achhro Devi. The victim alongwith her parents had gone to Police Post Gehra where her father Sarbo lodged the report on the same day. After collecting all the inculpatory evidence(s) and after completing all codal formalities and upon conclusion of investigation(s) into the offences, allegedly committed by the accused, thereafter the Investigating Officer concerned presented the challan before the learned trial Court.

(3.) A charge stood put to the convict/appellant herein, by the learned trial Court, for his committing offence(s) punishable under Sections 452, 376 and 506 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual offences Act, 2012, to, which he pleaded not guilty and claimed trial.