OM PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal preferred by the appellant/accused (hereafter referred to as the 'accused') against the judgment dated November 9, 1998 passed by the learned Sessions Judge, Chamba whereby the accused has been convicted under S. 376(2)(e) of the Indian Penal Code and has been sentenced to rigorous imprisonment for ten years and to pay fine in the sum of Rs. 2,000/- and in default of payment of fine, to further rigorous imprisonment for one year.

(2.) Briefly, the case of the prosecution is as follows. PW 1 Pano Devi (hereafter referred to as the 'prosecutrix') is married in village Kandog. On August 20, 1977 she came to her parents' house in village Ohla and was staying there. At the relevant time, she had eight months pregnancy. On August 22, 1997, she left per parental house for Jijwas to bring grass. At about 4.00 p.m. when she reached at a place known as "Kilat Nali", the accused met her who was staring at her. When the prosecutrix was crossing him, he abruptly caught hold of her and threw her 'Darati' away which she was carrying in her right-hand. The prosecutrix started weeping but the accused forcibly broke the string of her 'Salvar' and laid her on the ground and committed sexual intercourse with her. Being pregnant, the prosecutrix could not adequately resist the assault and continued crying. In the meanwhile, PW-3 Lal Chand, who was carrying grass, appeared on the scene. He asked the accused as to why he was raping the prosecutrix whereupon the accused left the prosecutrix and ran downwards. The prosecutrix narrated the whole occurrece to PW-3 Lal Chand and also showed him the condition of her clothes. Thereafter, alongwith Lal Chand, she returned to village Ohla where she narrated the occurrence to her maternal aunt PW-2 Devki alias Debu and also got her body ckecked up from said Devki.

(3.) On August 23,1997, the prosecutrix alongwith PW-2 Devki and PW-3 Lal Chand went to Police Station Tissa and reported the occurrence to the police whereupon FIR Ext. PA under S. 376(2)(e) of the Indian Penal Code came into being. The case was investigated by PW-12 Mangal Singh, ASI. The prosecutrix was medically examined by PW-11 Dr. Supriya Atwal in Community Healh Centre, Tissa and issued MLC. Ext. PH about the said medical examination. After visiting the spot, the Investigating Officer prepared the 'Naksha-Mouka-Nazri' Exts. PJ and PL. From the place of occurrence the police took in possession a few human hair and also took in possession some earth, grass etc. Ext. PF.