JITO Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal, by the accused, arises out of the judgement of Sessions Judge Kangra Division, in Sessions Trial No. 11 of 1985 decided on 31-12-1985. In this case, under Section 376 of the Indian Penal Code, the accused has been convicted and sentenced to undergo simple imprisonment for a period of three years; however, held entitled to the benefit of the provisions of Section 428 of the Code of Criminal Procedure. The accused has a grievance against this judgement and, therefore, urges to set aside the same by this appeal.

(2.) The prosecution case, in brief, is that the accused, a resident of Bala in Mauza Rakha raped Kumari Nisha (9 years) on 1-8-1984. It was a rainy day and she was going to her house after collecting fuel-wood. The place of occurrence was near a bowli, located near a resting place'Sandhbehar' for cattle. She came home, went to her bed and apprised her mother only next morning and this fact was narrated to her father when he came back from the fields on the third day. She was taken to Primary Health Centre, Gopalpur, and on the advice of the hospital authorities, her father took her to Dharamshala. There also, the hospital authorities directed her father to go to the police station in the first instance and the prosecutrix and her father came to police Station, Palampur, where her statement was recorded on the basis of which the First Information Report was registered on 4-8-1984.

(3.) After investigation, challan was filed against the accused. The defence of the accused is that of denial. The proceedings terminated in the aforesaid conviction of the appellant. I proceed to examine this matter by a reference to the statements of the material witnesses to know whether the offence in question has been proved against the accused and the conclusions drawn and the sentence awarded by the trial Judge is legally justifiable.