BALKAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Balkar Singh has appealed against the judgment, dated 19th November, 2005, whereby he has been convicted of offences, under Sections 376 and 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 25,000/- for offence, under Section 376 of the Indian Penal Code, and to undergo rigorous imprisonment for three years and a fine of Rs. 10,000/-, for offence, under Section 506 of the Indian Penal Code.

(2.) Prosecution case, as per evidence on record, may be stated thus. On 29th June, 2004, prosecutrix, examined as PW-1, went alongwith her younger sister Rajjo Devi (PW-6) to her father's land, situated at a distance of whether reporters of the local papers may be allowed to see the judgment half a kilometer from the village, to graze the pair of bullocks. Around 4 p.m., appellant, whose field is adjacent to the land of the father of the prosecutrix and was present there, called the prosecutrix to his field. When the unsuspecting prosecutrix proceeded towards his field, he moved towards the prosecutrix and when she reached a nullah, he overpowered her and committed rape on her. The prosecutrix narrated the incident to her younger sister. She then went home. Her father was not at home, at that time. He returned in the evening. The prosecutrix narrated the incident to him. The prosecutrix did not narrate the incident to her mother, because she is mentally retarded. Next day, prosecutrix had to appear in a terminal examination in the school. She was free, after the examination, around 1 p.m. Thereafter, she was taken to the Police Station by her father, where she lodged FIR Ex. PW-1/A.

(3.) Police got the prosecutrix medically examined. PW-2 Dr. Pushpa Bali Raizada conducted her medical examination and found that she was used to sexual intercourse. Appellant was arrested. He was also got medically examined. His medical examination indicated that he was capable of performing sexual intercourse.