VIKRAM KHIMTA Vs. STATE OF H P

JUDGEMENT

(1.) Instant criminal appeal filed under Sec. 374 (II) Cr.PC, is directed against the judgment dated 30.9.2016, passed by the learned Additional Sessions Judge-I Shimla, in Sessions trial No. 8-R/7 of 2013, whereby learned court below while holding the appellant-accused guilty of having committed offence punishable under Sec. 376 of IPC, convicted and sentenced him to undergo imprisonment as under:-

(2.) Facts of the case as emerge from the record are that allegedly on 13.6.2013, appellant/accused kidnapped/abducted the prosecutrix from bus stand at Rohru, falling in jurisdiction of police station Rohru, District Shimla, with an intention to compel her to marry him. As per initial complaint, Ext.PW2/A, which ultimately culminated into FIR No. 36/ 2013 dated 16.6.2013 (Ext. PW22/A), at Police Station Rohru, prosecutrix as well as accused were studying together at Government College Sawara, District Shimla, H.P. Allegedly, on 13.6.2013, accused called the prosecutrix and prosecutrix went to Rohru to meet accused, where he instigated/pressurized her to solemnize marriage with her and for this purpose, he took her to Shimla. Subsequently, accused took the prosecutrix to the room of his friend namely Atul (PW25). She alleged that they had started from Rohru on 13.6.2013, during evening time and reached cemetery, Shimla on 14.6.2013, at about 5:00 AM. Though prosecutrix made an attempt to make accused understand, but he under the pretext of solemnization of marriage not only abducted her, but sexually assaulted her against her wishes. During this period, accused allegedly developed physical relations with the complainant-prosecutrix. In the aforesaid background, complainant-prosecutrix by way of complaint Ext.PW2/A prayed that legal action be taken against the accused and she also intended to get herself medically examined. It may be noticed that aforesaid complaint was filed at police post Sanjauli. PW23 LHC Sarita forwarded the same alongwith rukka to HAG Rajinder (PW9) for registration of case. Endorsement with regard to registration of zero FIR is Ext.PW24/A.

(3.) Careful perusal of FIR Ext.PW7/A reveals that accused had threatened the complainant-prosecutrix that in case she did not come, he will consume the poison and accordingly, prosecutrix left the home by asking her parents that she is going to take admission in the college, but she did not go to the house in the evening and told her parents that she will stay with her cousin at Rohru. Prosecutrix came to the bus stand Rohru, whereafter accused took her to Shimla in a private vehicle belonging to person namely Atul PW25. Prosecutrix reached Shimla alongwith accused as well as person namely Atul (PW25) on 14.6.2013 at about 5:00 am. Allegedly, accused took the prosecutrix to the room of Atul and had sexual intercourse with her against her wishes. Thereafter, accused took her to the house of his god sister Minakshi (PW8) and again committed sexual intercourse with her against her wishes. Allegedly, prosecutrix had been insisting upon solemnization of marriage, but the accused after having committed sexual assault upon her fled away and parents of the accused gave beatings to the prosecutrix and threatened her to eliminate her in case she discloses the alleged incident to anybody.