BABU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of Sessions Court, whereby he has been convicted of offences, under Section 376 and 342 IPC and sentenced to undergo imprisonment for life and pay fine of Rs.10,000/ - for the offence under Section 376 IPC and to rigorous imprisonment for one year and fine of Rs.1000/ - for the offence under Section 342 IPC.

(2.) CASE of the prosecution, as per record of the trial Court, is like this. The prosecutrix, aged about 13 1/2 years at the time of occurrence was studying in 6th standard in Govt Middle School situated in her village. Appellant was employed as Social Study Teacher in that very school. Prosecutrix and the appellant had their houses at a short distance in the same village. On 21.7.2003, the appellant allegedly called the prosecutrix to his house on the pretext that she should being her spray pump for use by him. When the prosecutrix went to the appellants house, he allegedly bolted the door of the room from inside and committed rape on the presecutrix.

(3.) PROSECUTRIX , in her deposition as PW -6 stated that when she went to the house of the appellant with a spray pump, as asked by the appellant, the latter caught hold of her by the arm and took her inside the room and made her to lie on the bed and then committed sexual intercourse with her. She stated that the bed sheet and the quilt cover got strained with blood that came from her vagina, as a result of sexual intercourse, She stated that after committing the sexual intercourse, the appellant released her and she went straight other house where her mother was present and she narrated the incident to her. She stated that the appellant took ten minutes to commit the crime. PW -8 Sumitra Devi, the mother of the prosecutrix, stated that on the relevant date she returned at 5.30 p.m. after attending I and PH Office at Dhar, a place situated at a distance of 25 kilometers from her village and noticed that the prosecutrix was crying and on inquiry she told that she had been raped by the appellant. In the cross -examination she stated that she started from village Dhar at 5.00 p.m. and reached at house at 5.30 p.m.