MANJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant appeal filed under Section 374 (2) CrPC is directed against judgment dated 6.7.2015 passed by the learned Additional Sessions Judge, Hamirpur (HP) Circuit Court Barsar, in Sessions Trial No. 05 of 2014, whereby present appellant-accused ('accused', hereafter) has been convicted for the commission of offence punishable under Sections 376, 452 and 506 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/-, for the commission of offence under Section 376 IPC, in default of payment of fine, to further undergo rigorous imprisonment, for one year, to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- for the commission of offence punishable under Section 452 IPC, and, in default of payment of fine, to further undergo simple imprisonment, for three months, and, to undergo rigorous imprisonment, for two years and to pay a fine of Rs. 1,000/-, for the commission of offence under Section 506 IPC, in default of payment of fine, to further undergo, simple imprisonment, for three months.

(2.) In nutshell, case of the prosecution is that on 2.5.2014, prosecutrix alongwith her husband, approached Police Station Barsar, wherein application Ext. PW-1/A was filed stating that on 30.4.2014, at about 12.30 pm, she was alone in the house, since her husband and brother-in-law, had gone out for some work, whereas her mother-in-law and father-in-law had gone to her parents' house to see her ailing mother. As per prosecutrix, at about 12.30 pm, accused entered her house and called her brother-in-law (Devar) by name. Prosecutrix replied that he was not at home. Accused forcibly entered the room, where prosecutrix was resting and bolted the door from inside.

(3.) Prosecutrix asked the accused that why he was bolting the door. He pushed her on the bed and thereafter opened his clothes. Prosecutrix tried to raise hue and cry but her mouth was gagged by the accused with his hand. Later on, accused untied string of her Salwar and committed rape upon her. As per prosecutrix, after committing rape, accused threatened her that in case she disclosed anything about the incident to anyone, she would be finished. Subsequently, in the evening, prosecutrix narrated the incident to her mother, who further disclosed same to her in-laws. On the next day, when husband returned, she narrated the incident to him and thereafter, they went to the Police Station for reporting the matter. On the basis of aforesaid application having been filed by the prosecutrix, FIR, Ext. PW-12/A was registered. After completion of investigation, Challan was presented in the court of Judicial Magistrate 1st Class Barsar, who thereafter committed the case to the court of learned Sessions Judge, Hamirpur. The learned trial Court being satisfied that prima facie case for commission of offences under Sections 376, 452 and 506 IPC exists against accused, framed charges against him under aforesaid provisions, to which accused pleaded not guilty and claimed trial.