BISHAMBER DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment dated 8.6.2003 passed by the learned Additional Sessions Judge(I), Kangra at Dharamshala, vide which, the appellant was held guilty under Section 376 read with Section 511 of the IPC and was convicted and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 10,000/ -. In default of payment of fine, the appellant was to undergo simple imprisonment for a further period of one year.

(2.) BRIEFLY stated, the facts of the case are that on 17.9.1999, a report was lodged with the police by one Kanta Devi, in which she alleged that her husband was away to Jammu in connection with work of Biroja. On 5.9.1999, at about 4.00 p.m., when she reached her house, she was informed by one boy named Ashwani that her daughter Sunita has been given beatings by the appellant. He also informed her that Sunita's Salwar was torn by the appellant and she had been taken towards bushes. She ran to the place where the children were playing and the appellant was found present in the influence of liquor. She enquired about her daughter Sunita, on which the appellant broke the liquor bottle and attempted to give her beating. Because of fear, she ran away towards the house of Prem Chand, where his wife Jai Devi told her that in case she and Jogindera Devi and one other lady resident of Laked village would have not rescued her daughter from the appellant, the appellant would have committed 'bura kaam' with her. She was also informed that the Salwar of Sunita was torn. Thereafter, Sunita was brought by her son Sanjeev Kumar, aged about 7 years, who has having torn Salwar in her hand and was under a fear. When she enquired from Sunita, she told that the appellant had torn her Salwar and had opened the zip of his pants and was trying to reach over her, when Jai Dei and two other ladies rescued her. Thereafter, she alongwith Ward Panch Prem Chand took the appellant to the house of the Pradhan Mehar Chand, where the appellant gave in writing that he had committed the offence. She further alleged that she could not lodge the report earlier since she had written a letter to her husband at Jammu but she did not receive any reply nor her husband came and, therefore, she lodged the report with the police. It was also alleged in the report that her daughter Sunita was playing with her son Sanjeev Kumar, aged 7 years, and one Ashwani aged about 10 years.

(3.) I have heard Mr. Vinay Thakur, learned Counsel for the appellant and Mr. J.S. Guleria, learned Assistant Advocate General, for the respondent, and have gone through the record of the case.