JAGIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present criminal appeal has been maintained by the appellant-accused-convict (hereinafter to be called as "the accused"), against the impugned judgment/order of conviction and sentence, dated 30.09.2016/24.10.2016, passed by learned Additional Sessions Judge (II), Una, District Una, H.P.

(2.) Succinctly, the facts giving rise to the present appeal, as per the prosecution story, are that on 27.03.2015, the prosecutrix gave an information to the police that her son has attempted to commit rape upon her. On the basis of this information, ASI Ram Kumar, alongwith Constable Ranjiv Kumar, No. 400 and HHG Pawan Kumar, No. 12/1-43 went to the place Bagga Barota. At the spot, the prosecutrix gave a written application, dislosing that on 26.03.2015 around 10:00 p.m., the accused came in intoxicated condition and he was abusing in the courtyard. He remained abusing till midnight, thereafter, he entered her room and from 12:00 to 2:00 a.m., he made her nude and did obscene acts. He was having an axe with him and he threatened her by saying that he will kill her if she tried to run. Ultimately, the prosecutrix pretended to go to the bath room and also to drink water and then she managed to put her salwar and to go out. Thereafter, she cried for help and asked her daughter Shoba to come, upon which, her daughter and son-in-law came. The prosecutrix also called three ladies from the village. Police was also called over telephone and registered the FIR against the accused. During the course of investigation, statement of the prosecutrix was recorded under Section 164 Cr. P.C. The police took into possession an affidavit and newspaper cutting in which the publication of disowning of the accused from property was made by the prosecutrix. Photographs of the room were also clicked. The prosecutrix was medically examined. However, no injury was found on her person. The accused was also got medically examined and he was found to have consumed liquor, but not intoxicated. After completion of investigation challan was presented before the learned trial Court.

(3.) The prosecution, in order to prove its case, examined as many as thirteen witnesses. Statements of the accused was recorded under Section 313 Cr. P.C., in which he denied the case of the prosecution. The accused did not lead any evidence in his defence.