BEENA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 20.2.2002 passed by learned Additional Sessions Judge, Solan, Camp at Nalagarh in Sessions Trial No.3 -NL/7 of 1999 convicting and sentencing appellant under Section 109 IPC read with Sections 363,366,376 and 34 IPC for seven years simple imprisonment and fine of Rs.20,000. In default of payment of fine, the convict has been ordered to further undergo simple imprisonment for six months.

(2.) THE appellant was tried for offence punishable under Section 109 IPC read with Sections 363,366,376 and 34 IPC. The prosecution case, in brief, is that on 9.6.1998 at about 9.30 a.m. Suresh Kumar co -accused kidnapped prosecutrix PW -15 aged 15 years, daughter of complainant PW -13 Smt. Darshna Devi from ward No.1 Nalagarh and committed sexual intercourse with her against her will and consent. The appellant abetted the commission of offence punishable under Section 109 IPC read with Sections 363,366,376 and 34 IPC. Both the accused were tried together but Suresh Kumar accused did not appear in the trial Court after 22.7.2000 and he was declared proclaimed offender. The prosecution has examined 16 witnesses and also produced documents. The learned Additional Sessions Judge on conclusion of trial convicted and sentenced the appellant, as noticed above, hence, this appeal.

(3.) PW -1 Smt.Ravinder Shakhian has stated that on 15.6.1998 Daulat Singh Sarpanch along with Sucha Singh handed over the prosecutrix to police in her presence as well as others vide memo Ext.PW -1/A. On the same day, the prosecutrix was handed over to her mother Smt. Darshna Devi vide memo Ext.PW -1/B. PW -2 Mohinder Singh has stated that on 15.6.1998 Darshna Devi handed over to police certificate Ext.PW -2/A of the prosecutrix in his presence and others. PW -3 Daulat Singh Ex -Sarpanch of Gram Panchayat Sarian and Numberdar has stated that mother of accused Suresh Kumar told him that Suresh Kumar had brought the prosecutrix. He asked whereabouts of the girl. On this, Suresh Kumar told him that he had kept the girl at Swarghat. He along with Sucha Singh took Suresh Kumar in a van but the girl was not present in the room. She came to the room from Nallah side. They took the girl to Nalagarh and handed over to police. The prosecutrix in the Panchayat said that she did not want to go to her parents house as they used to beat her. This witness was permitted to be cross examined by prosecution but nothing supporting the case of the prosecution was extracted in his cross examination by the prosecution. PW -4 Dr.C.L.Bhardwaj has stated that on 15.6.1998 he examined the prosecutrix. He issued the MLC Ext.PW -4/B and as per chemical analysis report Ext.PW -4/A there was no evidence of sexual intercourse in the recent past. PW -5 Sohan Lal, Head Constable, is a witness who deposited sealed parcels with Jai Gopal. He has also stated that on 18.6.1998 S.H.O. Nutan Parshad deposited with him two parcels. He sent all the parcels for chemical analysis through constable Ram Avtar to FSL Junga. PW -6 Datta Ram has stated that on 18.6.1998 he and Jeet Ram were taken by the police to village Pasra in a room which was taken on rent by Suresh Kumar. The police recovered one Dari Ext.P -1 and underwear Ext.P -2 vide memo Ext.PW -6/A. PW -7 Jai Gopal is a witness of four parcels and is not a material witness. PW -8 Ram Avtar Constable is again a witness of six parcels and thus is not a material witness. PW -9 Mohinder Partap Bam, S.H.O.Police Station Nalagarah has stated that on completion of investigation he prepared challan. PW -10 Jagpal Singh, Head Constable, has stated that on 10.6.1998, the case was entrusted to him and he searched the prosecutrix at Bilaspur and at the residential house of Suresh Kumar but she was not traced. PW -11 Smt.Manju has stated that on 15.6.1998 she got prosecutrix medically examined and procured MLC Ext.PW -4/C. PW -12 Dinesh Kumar did not support the prosecution and he was declared hostile. PW -12 was again examined on 13.7.2000. He has stated that as per Register, the date of birth of prosecutrix is entered as 9.11.1982 and Photostat copy of the Register is Ext.PW -12/A.