PREM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 39 of 1997 for the offence under Sections 376 and 506, Indian Penal Code. He has been sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- for the offence under Section 376, Indian Penal Code. Insofar as the offence under Section 506, Indian Penal Code, is concerned, the accused has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. It was directed that out of the amounts of fine, if realised, a sum of Rs. 4,000/- shall be paid as compensation to the prosecutrix Kumari Seema. The two substantive sentences of imprisonment was ordered to run concurrently.

(2.) Briefly stated, the prosecution story is this. In the year 1997, the prosecutrix Kumari Seema was working as a maid servant in the house of one Shri Dhani Ram of village Chamuhi. At that time, the accused was also working as a servant in the house of said Dhani Ram. During the period 10-4-1997 to 4-6-1997 whenever the accused used to go to the jungle to graze the cattle, he used to take the prosecutrix with him and there in the jungle he used to commit rape on her. The accused used to threaten the prosecutrix that in case she dared to tell anyone about the sexual acts, she would be killed.

(3.) The prosecutrix one day told Smt. Suno wife of Shri Dhani Ram about the sexual assaults being committed by the accused. Smt. Suno after rebuking the prosecutrix, sent her to the house of