RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused stands convicted by the learned Sessions Judge, Hamirpur, in Sessions case No. 11 of 1994 vide judgment dated 25-7-1995 for the offence under Section 376. Indian Penal Code and sentenced to rigorous imprisonment for seven years and fine of Rs. 5,000/-. Out of the amount of fine, if paid by the accused a sum of Rs. 3,000/- has been ordered to be paid to the prosecutrix Kumari Anju. In default of payment of fine, the accused has been sentenced to undergo simple imprisonment for a period of one year.

(2.) The prosecution story, briefly may be thus stated. The prosecutrix PW 4 Km. Anju is residing with her mother in village Buhli Loharwin, Tehsil Barsar, District Hamirpur. Her father, Pritam Chand is working as a Confectioner in Delhi. In the year 1993, she was of about 10 years of age and was a student of Class-IV.

(3.) On 20-12-1993, at about 7.30 a.m. the prosecutrix, Km. Anju, had gone out in a Ghasni to ease herself. After having answered the call of nature, when she had just tied the waistband of her salwar, the accused came there. He pushed her as a result of which she fell down. The accused then lifted her and carried her a little ahead. He. Thereafter, made her lie on the ground and committed forcible sexual intercourse with her. The prosecutrix had cried in pain. After the rape, the accused threatened her with death in case she dared to narrate the occurrence to anyone.