INDRU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgement dt. May 1, 1985 of the learned Sessions Judge, Solan and Sirmaur districts at Solan whereby he convicted accused Indru under Ss. 366 and 376, IPC, and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further imprisonment for a period of one year, under S.376, I.P.C. The accused was further sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 1,000/- under S.366, I.P.C. In default of payment of fine of Rs. 1,000/-, it was further ordered that he would undergo imprisonment for 6 months.

(2.) The victim of rape is Km. Mohini whose parents are PW 4 Dila Ram and PW 6 Kamla. It is not disputed that Mohini was about 6 years old on the day of occurrence viz., Sept. 24, 1984. Mohini, her parents, PW 7 Purna Chand, PW 8 Balak Ram and the accused are all residents of village Barog.

(3.) The prosecution case is that Mohini was playing after the school hours when Indru accused allured her with sweets and took her to the nearby fields. He tore her salwar and then put his fingers into the private parts of the girl and then committed sexual intercourse with her. His lust having been satisfied, the accused carried her and put her on the backside of her house. Her mother PW 6 Kamla heard the cries at about 7.00 p.m. and brought her to the house. She noticed her daughter's salwar smeared with blood as also blood coming out of her private parts. The mother herself started weeping which attracted the neighbours. She enquired from the girl as to what had happened and was told that Indru accused had taken her to the fields, torn her salwar, put his fingers into her private parts, committed sexual intercourse and then lifted and placed her near the house. PW 4 Dila Ram is the father of the girl. He was then working as pump operator at Barog in the Department of Tourism. He was sent for. He then made the report Ex. PJ to the police on the basis of which FIR Ex.PL was recorded at 9-15 p.m. on the day of occurrence itself. Mohini was immediately removed to primary Health Centre where PW 1 Dr. (Mrs.) Sudha Prakash examined her. Ex. PB is the medico-legal certificate given by the aforesaid doctor who found no mark of injury on Mohini's body except genitals. Mohini was not allowing examination due to severe pain and, therefore, had to be administered injection forthwith. The doctor found her lebia-minora bruised and about 1 c.m. tear of the posterior fourchetta almost extending up to anus. As Mohini was not permitting proper medical examination, Dr. Sudha Prakash referred her to District Hospital at Solan. PW 2 Dr. N. Verma also examined Mohini and found same injuries as noticed by Dr. Sudha Prakash. He opined vide his report Ex. PF/2 that the injuries seemed to be due to forcible sexual assault.