CHAMAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE challenge has been made by the appellants to the judgment of their conviction and sentence passed by the learned trial court allegedly, committing gang rape on the minor prosecutrix (16 years), whereby each of the appellants have been sentenced to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 25,000/ -, with a default clause.

(2.) IN short, the prosecution case as emerges from the prosecution evidence is that the prosecutrix was carrying the pregnancy of eight months in the month of March, 2002, when her mother Smt. Gorkhi (PW -10) noticed this fact by observing the milk, in the nipples of the prosecutrix and asked the reason therefor. It was then the prosecutrix disclosed that in the month of July/August,2001 when she had gone to cut the grass, the appellant Chaman Singh met her and committed rape on her and further revealed that after about one month of the said incident, accused Bablu called her to the house of one Shri Runela in village ˜Kidi on the pretext of having some work with her. She went there where she was further sexually abused by him as well as Kaka Ram appellant. Smt. Gorkhi aforesaid disclosed the above facts to her husband PW -8 Machlu Ram. The prosecutrix is alleged to have fallen ill and she was treated from the local ˜vaid. Thereafter the matter was reported to the police on 27.3.202 at about 6.45 p.m.

(3.) ACCORDING to PW -6 Doctor Kamlesh the prosecutrix was 16 to 18 years of age and her dental bony age was also ascertained by PW -5 Dr. Shalini Puri, between 15 to 17 years. The opinion to this effect is Ext. PW -5/A.