SONU YADAV Vs. STATE OF H.P.

JUDGEMENT

(1.) JUDGMENT The appellant was convicted under Section 376 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of seven years and to pay fine of rupees Five thousand. In case of default in the payment of fine, to further undergo simple imprisonment for a period of one year, for allegedly committing rape on the prosecutrix aged about 13 years.

(2.) THE factual matrix of the case, giving rise to the present appeal, is that the family of the prosecutrix is Nepali. In the year 2005, the prosecutrix was a student of 5th standard. She was residing in a Jhugi - (temporary house) in Sector 2, Parwanoo, District Solan (H.P.) with her parents. During the intervening night of 18/19th May, 2005 she was found missing. Her parents searched for her in the surrounding area, but they did not find her anywhere. During the same night around 3 a.m. the prosecutrix returned back and looked quite scared. Thus, she was not questioned for her absence but in the morning, she revealed that during the night, she had gone out to answer the call of nature, the appellant, who was working in a factory, met her. He took her to a lonely place and allured by promising her to marry. She remained in his company for some time and around 12.30 a.m. taking the benefit of the lonely place appellant committed rape upon her. When the prosecutrix raised alarm no body came to rescue. She along with her father went to the police station and lodged the FIR.

(3.) PW 3 Dr. Sandeep Jain, Radiologist, determined the skeletal age of the prosecutrix between 12 -1/2 to 15 -1/2 years, and issued the report and gave opinion Ex.PW3/B. X -rays Ex.P -1 to Ex.P4 with respect to shoulder, elbow, wrist, hip, knee and ankle joints of the prosecutrix were considered by him while determining the age of the prosecutrix.