JAGDISH ALIAS JAGGA Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1991-9-5
HIGH COURT OF HIMACHAL PRADESH
Decided on September 28,1991

JAGDISH ALIAS JAGGA Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

BHAWANI SINGH,J. - (1.) Accused, Jagdish has assailed the correctness of his conviction and sentence by the Additional Sessions Judge, Sirmaur in Criminal Case No. 6 -N/7 of 1988 decided on 11 -9 -1989 for offence under section 376 of Indian Penal Code for which he has been sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 3,000 and in default of the payment of fine, to undergo further rigorous imprisonment for one year. In addition, he has been convicted under section 506 of Indian Penal Code and sentenced for six months rigorous imprisonment -both the sentences to run concurrently.
(2.) The prosecution case, briefly, is that Smt. Rukmani Devi sent the prosecutrix aloogwith her brother Tek Chand to the jungle to bring the cattle from Gulabgarh Khala Accordingly, the prosecutrix and her brother reached the place, looked for the cattle but they could not be traced. There, the accused came and stated that the Block Officer gave a Parchi which should be given by the prosecutrix to her father but he later refused to accept it. The accused also told the prosecutrix and her brother that the catties were in his fields so they should accompany him. The accused made them sit under a Jamun tree where soon after the accused lifted the prosecutrix who raised alarm, but the accused put his thumb on her neck and bite her on her cheek and took her to the bushes where she was laid on the ground. There, the accused untied the string of her Salwar, put his legs upon her legs and did Jabardasti Blood oozed out from her private parts and during this time the prosecutrix continued raising alarm, but the accused had been putting his hand over her mouth. He left the place and while doing so threatened the prosecutrix that he would kill her and her brother in case she narrated the occurrence to any person As a result of the act of the accused, the Salwar of the prosecutrix was stained with blood.
(3.) The case against the accused further is that the prosecutrix narrated this occurrence to her mother Smt. Rukmani (PW 3), and her father Dhani Ram (PW 4) when he came back to the house in the evening. They went to the Pardhan and thereafter on the next morning lodged a report (Ext. PH) at Police Post, Majra. It was recorded by M, C. Ranjit Singh (PW 13) and transmitted through constable Deep Kumar {PW 9) to Police Station, Paonta Sahib, on which First Information Report (Ext. PE) was registered by Karam Singh (PW 6). The investigation was commenced by A. S. I Inder Singh (PW 16). Site plan (Ext, PJ) was prepared and the prosecutrix was subjected to medical examination like the accused.;


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