RAMJI DASS Vs. STATE OF H P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 15/1/2009 passed by learned Additional Sessions Judge, Solan in Sessions Trial No. 6- NL-/7 of 2008/06 convicting and sentencing the appellant under Section 376 IPC for a period of seven years and fine of Rs.25,000. In default of payment of fine, the appellant shall undergo further imprisonment for one year. The amount of fine on realization shall be paid as compensation to victim.

(2.) THE prosecution case in brief is that appellant was prosecuted for offence punishable under Section 376 IPC on the allegations that some where in the end of December 2005, he went to the house of PW- 10 prosecutrix at about 2. p.m. situated in village Dungi Plate (Tikkar) and committed rape on her when she was alone in the house. THE appellant after committing rape left the house of the victim and threatened her that in case she would reveal the incident to anyone he will kill her. THE prosecutrix reported the matter to the police vide rapat No. 6 dated 7/1/2006 Ex. PW 3/A and on that basis an FIR Ex. PW 9/A was registered. THE prosecutrix was got medically examined vide MLC Ex. PW 4/B. THE appellant was also got medically examined vide MLC Ex. PW 5/B. THE site plan Ex. PW 12/B was prepared. On completion of investigation challan was presented against the appellant. He was charged for offence punishable under Section 376 IPC, the appellant pleaded not guilty and claimed trial. THE prosecution has examined 12 witnesses and placed on record some documents. THE statement of appellant was recorded under Section 313 C.P.C. THE appellant did not lead any evidence in defence. THE learned Additional Sessions Judge convicted and sentenced the appellant as noticed above, hence, the convict has come in appeal.

(3.) PW 3 Jagdish has stated that prosecutrix is his daughter-in-law, who used to be all alone in the house when he used to go for work outside and his son on duty. The prosecutrix told her husband Nirmal that accused had committed rape on her. Thereafter Nirmal informed him and a report Ex. PW 3/A was made at Police Post, Joghan. In cross-examination he has stated that he was pressurized by Shyama to lodge First Information Report. PW 4 Dr. Paramprit Bawa examined the prosecutrix on 7.1.2006 and issued MLC Ex. PW 4/B and gave opinion that prosecutrix is used to having sexual intercourse. PW 5 Dr. S.S Bawa on 8.1.2006 examined the appellant Ramji Dass and issued MLC Ex. PW 5/B.