RAM DITTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This case arises out of the judgement of Sessions Judge, Solan, in Case No, 21/N/7 of 1986 decided on 9-1-1987. By this judgement, the appellant has been convicted for an offence under S.376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine the accused has been ordered to undergo further imprisonment for three months. The accused has a grievance against this judgement, therefore, by this appeal, he assails the same in this Court.

(2.) The facts, in brief, are that the prosecutrix Kumari Meena Devi (13) is the daughter of the Shri Kaila Ram (deceased) and she is living with her mother and younger brothers in village Chaksar. On 2-6-1986, the prosecutrix had gone to Gamber Gharat of the accused for grinding wheat grains. She reached there at about 10.00 a.m. and after giving the wheat to the accused she got 12 K.Gs of flour. While coming back with the bag of wheat flour on her head, the accused followed her, caught her near a Baoli and threw the flour bag on the ground. Thereafter he broke the string of her Shalwar, opened his trousers, made her lie on the ground and in the meanwhile can hearing the cries of the prosecutrix, Kanhaiya (P.W. 2) and Lekh Raj (P.W. 7) reached the spot. The accused released the prosecutrix and caught hold Lekh Raj by his hair and asked him as to why he had come there. The prosecutrix went with them to the village where she narrated the occurrence to her mother who approached the villagers. She wrote Ex.P.B. to the Chief Minister and Ex. P.C. to the Deputy Commissioner.

(3.) This incident took place on 2-6-1986 and the Station House Officer went to the village on 6-6-1986 in connection with routine patrol duty and it was during this time that the prosecutrix made a statement (Ex. P-A) under S.154, Cr.P.C. to him on the basis of which an F.I.R. was registered. A copy of the F.I.R. was received by the Sub-Divisional Judicial Magistrate, Nalagarh on 7-6-1986 at 3.50 p.m. It was sent by the Police after the registration of the case on 6-6-1986 at 7.30 p.m. at Ram Shahar Police Station which is at a short distance and is connected by road.