MADAN JIT VARMA Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has challenged his conviction passed under Sections 376 and 506 of the Indian Penal Code in Sessions Trial No. 4 S/7 of 2006 decided on 17-4-2007 by the Sessions Judge whereby he has been sentenced to undergo imprisonment for a period of seven years and to pay a fine of rupees 25,000/- under Section 376, I. P. C. and rigorous imprisonment for a period of two years and to pay fine of rupees 5000/- under Section 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently and he was also given the benefit of Section 428 of the Code of Criminal Procedure.

(2.) The factual matrix giving rise to this appeal is that on 26-7-2005, the prosecu- trix along with her friends Reena and Rita etc. had gone to attend the marriage of her friend Anjana in village Dhar. While returning from there along with her friends and brother Chaman. At about 6.00 p. m., her brother Chaman left the house of Reena which fell on the way, along with his boy friends leaving behind the prosecutrix whereas the prosecutrix stayed back for some time in the house of Reena. Thereafter, the prosecutrix also set her journey towards her village alone, following a bridal path through the jungle. When she reached near the place called Kuftu around 6.30 p.m., the appellant belonging to her village met her. He was related to her as brother in the village relations. She asked him as to where he was going and followed the route which was not a real one. The appellant replied that he was waiting for her and grabbed her from her arms. When she raised alarm, appellant snatched her handkerchief (Ext. P2) and thrust into her mouth to gag her. She was dragged to the bushes nearby and was thrown on the ground. Appellant held her from both of her hands in her back. He broke open the string of her salwar. The appellant did not allow her to cry as he had full control of her within his grip and committed the sexual intercourse against her wishes. In this process, an injury on the lips of the prosecutrix was also caused. After satisfying the sexual lust, he threatened her not to disclose this matter to her mother and if she did so, he would kill her. The appellant ran away from the spot. She threw the broken string Ext. P1 at some distance and came to her house holding her salwar with both the hands. She reached in the village around 8.00 p. m. and narrated the entire story to her mother. PW2 Smt. Uma contacted the parents of the appellant telephoni- cally and also Smt. Kamlesh, Pradhan of Gram Panchayat who is the aunt of the appellant. PW 3 Smt. Kamlesh visited the house of the prosecutrix along with parents of the appellant and begged pardon and also offered money to the prosecutrix to compound the matter.

(3.) The father of the prosecutrix had died long back. Her mother was illiterate. She kept on listening them but ultimately she decided to lodge the report in the Police Station. Next day, the father of the appellant met her and mounted pressure on her for the compromise and not to lodge the report. Anyhow, she managed to relieve the pressure and lodged the F. I. R. on 29-7-2005 in Police Station, Dhalli.