HANS RAJ Vs. STATE

JUDGEMENT

(1.) The appellant was tried for commission of offences under Sections 376/341, RPC and the learned Sessions Judge Kathua by his judgment and order dated 31-1-2001 has convicted and sentenced the appellant to undergo rigorous imprisonment for a period of four years and a fine of Rs. 10,000/-, and in case of default in payment of fine to undergo simple imprisonment of six months for proof of the offence u/S. 376, RPC and to undergo simple imprisonment for a period of one month and a fine of Rs. 300/- and in case of default to make payment of fine to undergo further imprisonment of 15 days. Both the sentences have been ordered to run concurrently.

(2.) The case of the prosecution against the accused was that on 12-11-1995 at about 4/5 p.m. when prosecutrix Mst. Sham Dai was grazing her cattle in the forest the accused came there and caught hold of her and after forcibly putting her down committed forcible intercourse with her. The pros- ecutrix raised hue and cry on which PW Mst. Shanti also came on spot and saw the accused committing the crime. At that time husband of the prosecutrix PW Chattru and PW Thakardas, her son-in-law, reached the spot but the accused succeeded in running away from the scene. The prosecutrix in the company of the said witnesses returned to her house and on the next day i.e. on 13-11-1995 she went before the Court of Judicial Magistrate Billawar and lodged the complaint EXPWSD. Learned Magistrate forwarded the complaint of the prose'cutrix to Police Station Billawar in exercise of power u/S. 156(3), Cr.P.C. After receipt of the application of the prosecutrix, FIR No. 151 / 1995 for commission of offence u/Ss. 376/341, RPC came to be registered at 16.30 hours and investigation commenced. After completion of investigation charge-sheet against the accused was instituted in the Court.

(3.) Learned Sessions Judge, Kathua by his order dated 31-1-1996 framed charge against the accused u/Ss. 376/341, RPC. The accused on being asked to plead, pleaded not guilty. The prosecution in order to prove the charge examined the prosecutrix PW Sham Dai and PWs Mst. Shanti, Chattru Ram, Thakardas, Dr. Suman Gupta and Sagra Singh, Investigating Officer. After the prosecution evidence, statement of the accused u/S. 342, Cr.P.C. was recorded. The accused however put up total denial to the occurrence and submitted that the case of the prosecution was false. He had been framed for the reason that in a criminal case, State v. Rattan Chand, who is younger brother of the husband of the prosecutrix he had appeared as a witness in the Court of learned Judicial Magistrate Billawar. The accused also entered defence and examined DW Baldev, Romail Chand, Des Raj and Mela Ram. Learned trial Court after appreciating the evidence of the prosecution and the defence found the case of the prosecution fully established and hence convicted and sentenced him as aforesaid.