RAVINDER SHARMA @ RAVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellants Ravinder Sharma @ Ravi and Birbal herein are convicts. Learned Special Judge, Kullu, District Kullu has convicted both of them for the commission of offence punishable under Sections 363, 366-A, 376-D, 342, 506 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" in short) and sentenced them to undergo rigorous imprisonment for a period of 20 years each for the commission of the offence punishable under Section 376-D of Indian Penal Code, a graver offence and there being the provisions of the sentence of greater degree as compared to the offence punishable under Sections 363, 366-A, 342 and 506 of the Code and also under Section 6 of the POCSO Act.

(2.) They are aggrieved by their conviction and sentence, hence approached this Court for quashing and setting aside the same on the grounds inter alia that undue weightage has been given to the evidence not worthy of credence produced by the prosecution as compared to most trustworthy and dependable evidence produced by them in their defence. Learned trial Court is, therefore, stated to have not appreciated the evidence available on record in its right perspective. Their conviction in such circumstances is stated to be unwarranted and unsustainable. The arguments addressed by learned defence counsel have also not been appreciated and as such the impugned judgment does not stand for the test of judicial scrutiny. The impugned judgment rather is stated to be based upon surmises and conjectures. The contradictions in the statements made by witnesses examined by the prosecution have been ignored and not taken into consideration. The prosecution story is stated to be absolutely false and concocted one.

(3.) Now, if coming to the factual matrix, FIR Ext. PW-1/A came to be recorded on the statement made by the prosecutrix (name withheld) before the police of Police Station Banjar, District Kullu on 10.10.2013. She visited the police station accompanied by her parents. According to her, in the year 2013, she was studying in 10th class in Government School at Chanoun, Tehsil Banjar. On 9.10.2013, around 9:30 AM, she was on her way to the school from house. At a distance of 1 km, behind the school one white coloured Car arrived there and stopped near to her. In the Car, except driver, one more person was also sitting. They opened the door of the Car and dragged her inside. Thereafter, the driver started driving the same at a high speed towards Aut side. The Car was being driven by appellant-convict Ravinder Sharma @ Ravi and the other occupant was appellant-convict Birbal. They both are residents of Village Gharatgar. They were known to her. She asked as to where she was being taken by them and why? On this they told that she was being taken by them towards Kullu side on a pleasure trip. She wanted to cry, however, they threatened that in case she did so, not only she but they will kill her all family members. They reached near Aut at about 11:30 AM. At that place, they took out knife from their pocket and shown the same to her. They also threatened her that in case she cried or made any effort to inform anyone in her house, they will not only do away with her life but also all the members of her family. She allegedly was locked inside the vehicle and they themselves went to meet someone there. She tried to break open the window screen of the vehicle, however not succeeded to do so. Therefore, being helpless and afraid of them, she could not do anything to save her. It is after about 2 hours, they both came back and she was taken to an unknown and isolated place. There they both subjected her to sexual intercourse turn by turn against her will and without her consent. They made her to remain in that Car throughout the night and continued subjecting her to sexual intercourse turn by turn against her will and without her consent. They told her that they were dealing in the business of Charas and having handsome money with them and also that, they will make her happy and comfortable throughout.