DEEP RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge has been made to the judgment of conviction, passed by the learned Additional Sessions Judge, for the offence punishable under Section 376 of the Indian Penal Code in Sessions trial No. 10/2000 whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/ -. A - Prosecution Story

(2.) IN brief the facts giving rise to the present case are that the prosecutrix is a widow aged about 35 years. She was residing in village Malhani with her two sons and a daughter. She was provided financial help by the Government under Gandhi Kutir Yojna to construct the house. On 20.1.2000, she was called by the Block Development Officer (B.D.O.) in his office at Karsog. After attending his office, in the afternoon at about 1.00 p.m., she started on foot to her village, as she had no money. The appellant her co -villager, who happened to met her on the way told her to accompany him to the village, but she kept on walking ahead. When they reached in a Charkufri - forest, which was a lonely place away from Karsog, the appellant caught hold of her from her back, threw her on the ground, gagged her mouth with her Dupatta and told that he would be followed by two others persons as well. She tried to raise alarm, but the appellant put his hand on her mouth. Thereafter, forcibly removed her Salwar and committed sexual intercourse with her without her consent. She became unconscious. Finding herself in the hospital at Karsog, she came to know that it was the appellant who had brought her there and had informed her in -laws telephonically. On receiving the information, her father -in -law rushed to the hospital. Her private part kept on bleeding, thus she was referred to Kamla Nehru Hospital, Shimla. She disclosed about the history of rape to the Doctor attending her and he informed police post Lakkar Bazar in the evening on 21.1.2000 at about 5.30 p.m., she made the statement under Section 154 of the Code of Criminal Procedure Ex.PW1/A to the police, which was sent to Police Station Karsog for recording FIR and further investigation.

(3.) THE prosecutrix was initially medically examined by PW3 Dr. Ramesh Chand in civil hospital Karsog on 20.1.2000 at 4.06 p.m. The history of the report of her treatment in the hospital at Karsog is Ex.PW3/A. In his opinion, injury in the vagina of the prosecutrix was possible with the forceful introduction of the male organ.