RAJINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Rajinder Kumar herein is a convict (hereinafter referred to as the accused). He was booked by the police of Police Station Bharmour, District Chamba for the commission of offence punishable under Sections 376, 420 and 494 Penal Code vide FIR No. 10/2014 Ext. PW-10/A, with the allegations that he had physical relations with the prosecutrix (name withheld), for the last 3 years. He also belongs to the same area to which the prosecutrix belongs. On 12.1.2014, he brought the prosecutrix to Chamba and booked a room in hotel Ashiana near Sheesh Mahal. He subjected her to sexual intercourse in the said room. On the next day i.e. 13.1.2014, she was brought by him to Dalhousie, where he solemnized Court marriage with her. The prosecutrix had sworn in affidavit Ext. PW12/A whereas accused Ext. PW-12/B before the Executive Magistrate Dalhousie in this regard. Thereafter, the accused told the prosecutrix to return to her parental house. She went there and later on contacted him to join his company in the matrimonial home, however, he denied there being any relation with her. On this, with a view to get her name entered in the record of the Gram Panchayat as his wife, she went to the office of Gram Panchayat at Sunhara and asked the Secretary to enter her name being the wife of the accused. The Secretary in turn informed her that the accused is already married with one Kiran Kumari and that the entry to this effect stood already made in the record of the Gram Panchayat on 5.1.2014.

(2.) On finding that the accused ravished her at the pretext of solemnization of marriage with her and having felt humiliated as well as annoyed with him reported the matter to the Superintendent of Police, Chamba vide complaint Ext. PW-3/A. The complaint so lodged by her was marked to Incharge A.H.T.U/Women Cell Chamba. HC Sunita (PW-9), who conducted preliminary enquiry in the matter and on finding an offence having been committed by the accused punishable under Sec. 376, 420 and 494 IPC, the complaint was forwarded to PS Bharmour for registration of FIR.

(3.) The investigation in the matter was conducted by ASI Ram Pal (PW-15). He moved an application Ext. PW-15/A and got the prosecutrix medically examined from PW-14 Dr. Richa Gupta, Medical Officer, Regional Hospital Chamba. The accused was arrested vide arrest memo Ext. PW15/B. An application Ext. PW-15/C was moved for his medical examination and the MLC is Ext. PA. PW-15 ASI Ram Pal during the course of investigation visited Ashiana hotel near old bus stand Chamba and prepared the site plan of room No. 104 vide Ext. PW-15/D and PW15/E. The identification memos Ext. PW-3/B and PW-15/A were prepared in the presence of witnesses. Bed Sheet Ext. P-3 produced by Bhim Sain (PW-5), was taken into possession vide seizure memo Ext. PW-1/B. The same was sealed in a parcel of cloth Ext. P-2 with seal "R". The sample of seal Ext. PW-15/F was obtained separately. The visitors' register of the hotel Ext. P-1 was also seized and taken into possession. On an application Ext. PW-6/A moved to Secretary Gram Panchayat Sunara, abstract of family register Ext. PW-6/B was obtained from its Secretary Roshan Lal (PW-6). The statements of the witnesses, including that of Bhim Singh Ext. PW-15/G were recorded as per their version. On the receipt of the report Ext. PX from the laboratory and on the completion of the investigation, report under Sec. 173 (2) Crimial P.C. was filed in the trial Court.