(1.) The Appellant, Vijander Singh, hereinafter referred to as the accused stands convicted by the learned Sessions Judge, Shimla, in Sessions Trial No. 36-S/7 of 1997 for the offence under Section 376, Indian Penal Code, vide judgment dated 9.11.1998 and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/-. In default of payment of fine, he has been sentenced to undergo rigorous imprisonment for a further period of six months.
(2.) Briefly stated, the facts of the present case are these. The prosecutrix Kumari Savitri, daughter of Bhajan Dass, is a resident of village Khabal, Tehsil Chirgaon, District Shimla. The accused is also a resident of the said village. On 20.8.1996 at about 5 p.m., the prosecutrix had gone to the field of her maternal uncle to fetch grass. It was raining at that time. Having moved the grass, she kept the same in a "Kilta" (basket). When she was preparing to return home and was fixing the "Kilta" on her shoulders, the accused all of a sudden appeared at the scene. He pushed the "Kilta" aside and thereafter by holding the prosecutrix tightly in his arms, he threw her on the ground. He lowered his pant and her salwar and subjected her to forcible sexual intercourse. The prosecutrix though cried for help, such cries could not be heard by anyone due to rain. The accused after having committed the sexual intercourse ran away from the scene. The prosecutrix on reaching home narrated the occurrence to her mother who in turn informed her father and uncle (father's brother). On the following day, the prosecutrix accompanied by her uncle proceeded towards the police station for making the report. However, she happened to meet the police at Tikkri and she lodged the report on the basis of which the present case came to be registered vide FIR No. 172 of 1996.
(3.) During the investigation of the case, the prosecutrix was subjected to medical examination. Such examination revealed that she was subjected to sexual intercourse recently.