CHANDERMANI Vs. STATE OF H P

JUDGEMENT

(1.) The accused/appellant, is, aggrieved by the verdict of conviction and consequent sentence, imposed upon him, for his committing an offence punishable under Section 376(2)(f) of the IPC, and, also vis-a-vis the apposite conviction, and, the consequent sentence, imposed upon him, for his committing an offence under Section 342 of the IPC.

(2.) The facts relevant to decide the instant case are that the marriage of the prosecutrix was solemnized about five years back, but no child was born to her. The family members of the prosecutrix thereafter took the shelter of local deity Bala Kameshwar for treatment to procure child. On 2.5.2013, the local deity Bala Kameshwar had come in the village of the prosecutrix at village Katwandi in connection with some birth day. The father-in-law of the prosecutrix had also gone there. The accused was Priest-cum-Spokes person of deity (Gur) and he had asked the prosecutrix to come to his house on 13.5.2013 for taking the holly water. On 13.5.2013, the prosecutrix along with her mother-in-law Smt. Teji Devi had gone to the house of the accused at about 10 a.m. The accused asked the mother-in-law f the prosecutrix to go back from the spot and told that the prosecutrix shall be sent after five days. The accused told the prosecutrix that he would start the treatment after 10 p.m. The accused took the prosecutrix in his kitchen and put two circles of flour on the floor and put one glass of water on the same. Some rice and flower put inside the glass. The accused lifted the shirt of the prosecutrix and put three lines on the stomach of the prosecutrix with Bhabhuti (holly ash). He has also told that there was Devta in the private part of the prosecutrix and accused asked the prosecutrix to take off her salwar. When the prosecutrix refused, the accused forcibly after threatening opened the salwar of the prosecutrix. The accused asked the prosecutrix to turn around. The accused put his hand from behind on the waist of the prosecutrix and picked her up. The accused immediately opened her pyzama and tried to come on the prosecutrix. When the accused tried to come on the prosecutrix, the prosecutrix kicked him and came to the side of the accused. Thereafter, she went away from the kitchen and went to another room. The prosecutrix bolted her room from inside. The accused knocked at the door of the prosecutrix, but she did not open. The prosecutrix made telephone call to different persons. At about 8.30 a.m. on next day, the mother-in-law and father-in-law of the prosecutrix and other persons came there and took the prosecutrix out of the room. The prosecutrix thereafter went to the police station and gave application to the police on the basis of which FIR was registered. The police thereafter carried and concluded all the investigation(s) formalities.

(3.) On conclusion of the investigation, into the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.