PRITAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE present appeal under Section 374 of the Code of Criminal Procedure has been filed by the appellant -accused (hereinafter referred to as the accused) against the judgment dated 13.3.2007 passed by the learned Additional Sessions Judge (Fast Track Court), Kangra at Dharamshala, whereby the accused has been convicted of having committed offences punishable under Sections 376, 452, 506 and 323 IPC and has been sentenced to undergo rigorous imprisonment for 7 years and pay fine of Rs. 10,000/ - for the offence punishable under Section 376 IPC, simple imprisonment for 2 years and fine of Rs. 2000/ - for the offence punishable under Section 452 IPC, to undergo simple imprisonment for six months and fine of Rs. 500/ - in respect of the offence punishable under Section 323 IPC and simple imprisonment for 2 years and fine of Rs. 2000/ - in respect of the offence punishable under Section 506 IPC.

(2.) BRIEFLY stated, the facts of the case are that the prosecutrix made a complaint to the police and her statement (Ext.PW -3/A) under Section 154 Cr.P.C. was recorded by the police on 18.5.2004 at about 11.15 p.m. In this statement the prosecutrix stated that she is a student of class 7 in Government High School Barwala. After the school closed at 2.30 p.m. the prosecutrix came home. At that time her parents and brother were working in the fields. She changed her clothes and ate food. Thereafter, she did her home work and was repairing her school clothes when the accused Prito @ Pritam Chand came there. She states that he (Pritam Chand) runs a tea shop in their village. After Pritam Chand entered the room he shut the door. The prosecutrix tried to run out but Pritam Chand stopped her. He stuffed the dupatta of the prosecutrix in her mouth and picked her up and took her into the kitchen. He then took off her clothes and then committed rape on her. In the meantime her brother Andresh came to the house. He shouted for the prosecutrix but since her mouth had been gagged she could not answer. On hearing the shouts the accused quickly put on his pants. In the mean time, her brother also reached the kitchen. Her brother asked the accused what he was doing. The accused then threatened the prosecutrix and her brother that he would kill them and while threatening them he ran away. Then her brother helped her to wear her clothes. She was bleeding. Then her parents were called from the field and they were told about the whole incident. Pradhan Pratap Chand was called and told about the incident.

(3.) I have heard Sh. Rakesh Jaswal, learned Counsel for the appellant and Sh. Vivek Thakur, learned Additional Advocate General on behalf of the State.