NARINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been directed against the judgement of conviction and sentence dated 2.1.2009 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 18-K/VII/2008 sentencing the appellant-accused to undergo rigorous imprisonment for three years and fine of Rs.1000/- under Section 376 read with Section 511 IPC, in default of payment of fine, the accused has been further directed to undergo simple imprisonment for two months. Whether the reporters of the local papers may be allowed to see the Judgment, Yes

(2.) The prosecution case in brief is that on 10.1.2008 prosecutrix aged 6 years and PW 4 Master Akshey aged about 7 years were playing outside the house of the prosecutrix. The accused had also been residing in the same village at some distance. The accused visited PW 3 at about 4.30- 5.00 p.m. and on the pretext of offering mango to the prosecutrix took her to a nearby forest. PW 4 followed the prosecutrix and accused, the accused once away from the path took off trouser of the prosecutrix as well as his own trouser and underwear, put the prosecutrix on the ground and laid himself on the prosecutrix and committed sexual intercourse with the prosecutrix.

(3.) The prosecutrix returned to her house at about 5.30 - 6.00 p.m., she was weeping. She reported the incident to her mother PW 1 Smt. Rama Devi, who carried out local examination of her daughter and found evidence of rape on her person. PW 1 informed PW 2 Smt. Anju Bala, Pradhan of the Gram Panchayat. PW 1, PW 2 reached the house of the accused alongwith prosecutrix. PW 2 questioned the accused, who admitted that he has committed rape of prosecutrix. PW 2 telephonically informed the police and rapat No. 43 Ex. PW 8/A in daily-diary was recorded. PW 1 made statement Ex. PW 1/A and thereupon FIR Ex. PW 11/C was registered. The prosecutrix was medically examined by PW 5 Dr. Ravinder Kaur. The accused was arrested on 11.1.2008. The investigation was conducted by PW 11. The report of Chemical Examiner was received and thereafter report under Section 173 Cr.P.C. was filed.