RAVI PRAKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Ravi Prakash is aggrieved by the judgment, dated 14th August, 2006, of learned Sessions Court, Shimla, whereby he has been convicted of offence, under Section 376 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.20,000/ -; in default of payment of fine to undergo rigorous imprisonment for a further period of one year, for allegedly raping his wifes sisters daughter, aged a little less than 15 years, on 5th November, 2005.

(2.) PROSECUTIONS case, as per record, may be noticed. Prosecutrix, examined as PW -13 during the course of trial, lived with her parents, i.e. mother PW -11 Kanta Devi and father Om Prakash, in a locality of Shimla town. On 5th November, 2005, her father left home for his place of work. Her father is employed in some Government institution. Her mother went to IGMC Hospital, for seeking treatment for an ailment she had been suffering from. Around 11.30 a.m., when the prosecutrix was all alone, appellant, who is the husband of a sister of the mother of the prosecutrix, went there. He caught hold of the prosecutrix by her arm and took her to a room of her house and bolted that room from inside. He then committed rape on her. Prosecutrix (PW -13) informed her neighbour, Rajjo Devi (PW -12), immediately, after coming out of the room. PW -12 Rajjo Devi confronted the appellant with the allegation of the prosecutrix, who after initial denial admitted the same and offered that in case the prosecutrix became pregnant and delivered a child he would meet the expenses. Prosecutrix then called her mother, telephonically. Her father reached at the night. He too had been telephonically informed soon after the occurrence. Matter was discussed by the parents of the prosecutrix with the mother of the mother of the prosecutrix, who also happens to be the mother -in -law of the appellant. It was decided to report the matter to the police. On the next following day, report Ex. PW -8/A was lodged at Police Station Sadar, Shimla.

(3.) PROSECUTRIX was born in a Hospital and the Hospital authorities got her birth entered in the record maintained by Municipal Corporation, Shimla. On the basis of that entry, birth certificate was issued by PW -9 Surinder Kumar, Sub Registrar of Births and Deaths, Municipal Corporation, Shimla. The certificate is Ex. PW -9/B and as per this certificate, date of birth of the prosecutrix is 19th February, 1991. That means she was 14 years and 9 months old, at the time when the incident took place.