GURMEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this appeal, the appellant has made a challenge to the judgment of conviction passed by learned trial Court in Sessions Trial No. 3 of 2007 decided by the learned Additional Sessions Judge on 23.5.2007 whereby the appellant was sentenced to undergo imprisonment for a period of seven years and to pay a fine of Rs. 30,000/ - under Section 366, simple imprisonment for a period of one year and to pay a fine of Rs. 10,000/ - under Section 323 and simple imprisonment for a period of one year and fine of Rs. 500/ - under Section 341 of the Indian Penal Code, but no separate sentence under Section 363 of the Code was passed in view of the sentence passed under Section 366 of the Indian Penal Code. All the sentences were ordered to run concurrently. Further, fine on realization was ordered to be disbursed to the victim as compensation.

(2.) THE synoptical resume of the prosecution story is that the prosecutrix was a student of 9th class in the year 2006. On 19.9.2006, she had gone to a local fair at Rakkar along with her friend Babli. On their return, both of them boarded the bus and got down at village Basalag from where Babli went on foot to her village Chamenti whereas the prosecutrix followed a short cut to her village own village.

(3.) AROUND 6.30 p.m., the appellant is alleged to have met her on the way of the place known Pakhandi near village Nehar. He caught hold of her from her arm and pulled up to a distance of about 3/4th of a km with intent to commit rape upon her. She offered resistance and raised alarm by which some villagers got attracted. Finding the persons/witnesses approaching the spot, the appellant left the prosecutrix and escaped. Villagers took the prosecutrix to her village and the information was also given to the Police. On the same day after some time,the Police reached in the village. Statement of the prosecutrix Exhibit PW2/A was recorded under Section 154 of the Code of Criminal Procedure where in she mentioned about the aforesaid facts. She also stated that Harnam Singh, Pawna Devi, Sarita Devi and Swarana Devi residents of village Basalag had reached the spot along with some other villagers, had they not come there the appellant would have ravished her.