ATAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment dated 24.8.2016, passed by the learned Additional Sessions Judge-I, Kangra at Dharamshala, District Kangra, H.P., in Sessions Case No. 20-D/VII/2014, whereby learned court below while holding the appellant-accused guilty of having committed offence punishable under Sections 376, 494 and 495 of IPC, convicted and sentenced him to undergo imprisonment as per description given herein below:-

(2.) The prosecution version as emerges from the record is that complainant-prosecutrix filed a complaint Ext.PW2/A alleging therein that in the year, 2006, she was married to a person namely Ranjeet Singh and out of their wedlock, a daughter was born. Above named person Ranjeet Singh died about four years ago, whereafter prosecutrix started residing in the house of her parents at Paniala, Tehsil Indora, District Kangra, H.P. In the month of July, 2013, Ramesh i.e. PW-5, a relative of prosecutrix telephoned her with regard to match for re-marriage of the prosecutrix and asked her to come to Nurpur. Prosecutrix, her brother and mother came to Nurpur and met person namely Ramesh PW5 and Kirpal Singh PW6, whereafter accused was called. Accused disclosed that his wife had died 13 years ago and he is serving in Army. The maternal aunt of the prosecutrix Rano Devi also came to the Nurpur and engagement was finalized. Allegedly, prosecutrix insisted to see the house of the accused, but accused disclosed that he is in army and is going to Ambala. On 14.8.2013, accused came to village Paniala and insisted for the marriage on the same day and as such, their marriage was solemnized at Sug Bhatoli. Accused stayed with the prosecutrix in her house. Prosecutrix alleged that about three months ago, accused left the house of the prosecutrix and asked the prosecutrix not to get her daughter admitted in the school as she will be admitted in the school of his village Tharu, Tehsil Shahpur. But since accused did not return, the prosecutrix got suspicious and on 8.6.2014, she went to the house of the accused at Village Tharu, where she came to know that wife of the accused is alive and he has children. Allegedly, when the accused saw the prosecutrix and her mother, present in house, he ran away and subsequently, threatened the prosecutrix over the phone with dire consequences. Accused also threatened prosecutrix that he will commit suicide in case matter is reported to the police. Complainantprosecutrix alleged that accused had deceived her and committed rape on her, as a consequence of which, she became pregnant. On the basis of aforesaid complaint, having been filed by the prosecutrix, formal FIR Ext. PW18/A came to be registered against the accused at police station Indora. During investigation, police also got prosecutrix medically examined at Community Health Centre, Indora, District Kangra, H.P., wherein she was reported to be pregnant. Police also got statement of the prosecutrix recorded under Sec. 164 Cr.PC before the Magistrate. During investigation, police also found that accused had induced the prosecutrix to give him Rs. 60,000-70,000.00 on the pretext of illness. After completion of investigation, police presented the challan in the competent court of law, who on being satisfied that prima-facie case exists against the accused, charged the accused for having committed offences punishable under Sections 376, 494, 495, 420 and 506 of the IPC, to which he pleaded not guilty and claimed trial.

(3.) Prosecution with a view to prove its case examined as many as 19 witnesses, whereas accused in his statement recorded under Sec. 313 Cr.PC denied the case of the prosecution in toto and claimed himself to be innocent, however, he did not lead any evidence in his defence despite opportunity afforded to him.