JATINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Jatinder Kumar (hereinafter referred to as the accused) is convict. He has been convicted for the commission of offence punishable under Section 376 IPC and has been sentenced to undergo simple imprisonment for a period of 10 years and to pay a sum of Rs. 20,000/- as fine.

(2.) He allegedly subjected none else but his mother 75 years of age to sexual intercourse. As per the application Ext. PW-1/A made by the prosecutrix to the police of Women Police Station Dharamshala, District Kangra on 15.7.2015, at 9:00 AM, the accused locked her in his own room. He opened her salwar forcibly and did wrong act with her. When she raised alarm, the mason, namely, Bahadur and a lady worker, namely, Rekha (PW-4) came there. They made efforts to open the door from outside but of no avail. At that very time, her daughter-in-law Chandresh Kumari (PW-10) (alleged wife of the accused) came there. She asked the accused to open the door. On this, he opened the same. Her grandson Rahul (PW-5) called her daughter Sangeeta (PW-9) over telephone to their house. Sangeeta (PW-9) reached there and after that the prosecutrix accompanied by Sangeeta (PW-9) and daughter-in-law Chandresh Kumari (PW-10) went to Women Police Station Dharamshala. On the basis of the statement Ext. PW-1/A, FIR Ext. PW-15/A was recorded. The investigation was taken in hand by PW-15 S.I. Kiran Bala, the then Station House Officer, Women Police Station Dharamshala.

(3.) The victim PW-1 was taken to Zonal Hospital, Dharamshala. PW-15 S.I. Kiran Bala made application Ext. PW-15/B for medical examination of PW-1. She was examined by Dr. Jyoti Gupta (PW-11) and issued MLC Ext. PW-11/A. PW-1 also handed over two parcels addressed to RFSL, Dharamshala. PW-15 S.I. Kiran Bala had deposited the same with PW-6 HC Satya Devi, Women Police Station Dharamshala. The inspection of the place of occurrence was conducted. Mattress covers (Ext. P-2 and P-3) were taken into possession from the room where the prosecutrix was assaulted sexually vide recovery memo Ext. PW-1/B in the presence of PW-8 Jawahar Lal and PW-2 LHC Anjana. Spot map of the place of occurrence Ext. PW-15/C was prepared. The proceedings were photographed vide DVD Ext. B-1.