KARAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has appealed against the judgment of the Sessions Court (Fast Track Court) Kullu, whereby he has been convicted of offence of rape, under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rupees 1000/ -, in default of payment of fine, to undergo simple imprisonment for a further period of two months.

(2.) FIRST the prosecution story, as unfolded by the evidence on record, may be summed up. PW -1 Maila Lama had his temporary residence at a place called Jari in District Kullu. He lived there with his wife and four children. Prosecutrix is his third issue. She, at the relevant time, was about three years old. On the relevant date, PW -1 Maila Lama, accompanied by his wife PW -2 Binu Lama and two elder children, went to work as labourer leaving the appellant at this place to take care of the prosecutrix and his ten months old youngest child. Around 3.00 p.m., when accompanied by his wife and two elder children, PW -1 Maila Lama returned to his aforesaid temporary residence, prosecutrix was found crying. On being asked by her mother PW -2 Binu Lama, the prosecutrix told that the appellant had hurt her in her private part. On inspection, the vagina of the prosecutrix, was found to be bleeding. The appellant tried to run away. He was apprehended by PW2 Binu Lama, the mother of the prosecutrix at a distance of about 100 yards. The matter was reported to the Police the same day at 6.00 p.m. vide report Exhibit PW5/A. The prosecutrix was got medically examined from PW3 Dr. Harsh Mehra the same night at 9.45 p.m. who made the following observations :

(3.) TRIAL Court convicted and sentenced the appellant as aforesaid.