DHONDUP TESERING Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal has been directed by the accused, Dhondup Tesering, through Superintendent, Model Central Jail, Nahan, against the judgment dated 8-8-1997, of the learned Additional Sessions Judge (1), Dharamsala, in Sessions Case No. 12-D/96, whereby he has been convicted for the offences under Sections 376 and 302, Indian Penal Code, and sentenced to :(a) rigorous imprisonment for ten years and fine of Rs. 5000/- for the offence under Section 376, Indian Penal Code and in default of payment of fine rigorous imprisonment for a further period of one year, and(b) rigorous imprisonment for life for the offence under Section 302, Indian Penal Code.The two substantive sentences of imprisonment were ordered to run concurrently.

(2.) Briefly stated, the prosecution story is this. The accused, a Tibetan national, in June 1996 was working in the Tibetan Staff Mess at Macleodganj, Dharamsala. He was residing in a residential accommodation just near the Mess. Just in front of his residential accommodation PW 3, Tsering Yanki, who is working as Computer Staff in TCRC office, was residing. The deceased Tsering Dolkhar, a girl of about 11 years of age and a student of class V in T.C.V. School, Dharamsala, was the niece (sister's daughter) of PW 3 and was residing with PW 3. The parents of the deceased were residing at Mysore in Karnataka.

(3.) There was vacations in T.C.V. School from 1-6-1996 to 10-6-1996. On 10-6-1996, at about 9 a.m. PW 3 left her house as usual for her office. The deceased was at home. When PW 3 returned home at about 5.30 p.m. she found her house locked from outside. The key was found hanging on a peg outside. The deceased was not present at home. Not finding the deceased at home, PW. 3 carried out a search for her in the neighbourhood. The deceased could not be found. PW 3 having failed to find the deceased till about 2 a.m. went to sleep thinking that since the school was reopening the next day, the deceased would return early in the morning. Since the deceased did not return in the morning, PW 3 again carried out a search for her in the liberty at Macleodganj. Having failed in her efforts to find the deceased. PW 3 accompanied by her cousin Tashi and a friend Paidon proceeded towards the Police Station to make a report. While she was on her way to the Police Station, one Phuntsok Nymgyal, Manager T.C.R.C. met her and told her that the dead body of the deceased was lying in the bushes by the side of a public path behind the house of Major J.S. Mankotia. On receiving such information. PW 3 rushed to the spot where she found the dead body of the deceased in a naked position. There was bleeding per vagina showing signs of rape. The deceased appeared to have been done to death by strangulation.