HARPAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is brought from the decision of the Sessions Judge, Hamirpur, in a case under Section 376 of the Indian Penal Code, whereby the accused Harpal Singh and Bhagirath have been convicted and sentenced each to undergo rigorous imprisonment for four years and to pay a fine of Rs. 500/ -. in default to undergo further rigorous imprisonment for six months. The prosecution case was, that on 20th August, 1972 Saroj Kumari a minor girl below 16 years, was sent by her mother Smt. Lajwanti from village Samnoli to village Baret where she was- required to see her ailing aunt. On her way back to Samnoli at about 4 p. m. of the same day, she passed by Chanbi Civil Dispensary. Harpal Singh accused met her and told her falsely that her brother was lying sick in the dispensary and that she was being called there. The girl went with Harpal Singh but was entrapped in a room of which the door was bolted from inside. Thereafter at about 5. 30 p. m. after taking their meals etc. Harpal Singh, Bhagirath and a third person Ashok who has been acquitted by the learned Sessions Judge, started the nefarious activity of criminally assaulting this girl one after the other. She was released from their clutches at about 6 a. m. on the next morning when her brother Om Prakash came to the spot being guided by one shopkeeper Shambhu who happened to see the girl in that vicinity. In fact Smt. Lajwanti sent Om Prakash on the morning of 21-8-1972 to know her whereabouts as she had not returned last evening. Om Prakash made enquiries from Mast Ram and his wife who was related as aunt to Saroj Kumari. When he went to the hospital, he found the accused Bhagirath dispensing medicine. Harpal Singh was also present and his sister Saroj Kumari was sitting there. Thereafter the girl was brought to her parents where she also narrated the entire occurrence. However, it was considered that publicity should not be given because the honour of the minor girl was involved. In fact Daulat Ram the father of the girl was informed at Chintpurini where he was employed. He came post haste to his house at Samnoli and sot the girl examined by a midwife Smt. Tabo because she was in a bad shape. It appears the matter was left as such at that stage. After some time a news item appeared in a local newspaper and the nefarious activity of the three accused was publicised. This gave rise to an investigation by Head-constable Santokh Singh' of Police Station Amb who reached the residence of Dault Ram. Thereafter the statement of the girl was recorded and the First Information Report Ex. p. A. was instituted at Police Station Amb on 31-8-1972 by 4 p. m. The girl was medically examined by Dr. R. S. Nanda on 4-9-1972. Her radiological examination was made by Dr. Jagdish Roy and according to him the age was near-about 15 years. On these facts and allegations the three accused Harpal Singh, Bhagirath and Ashok were prosecuted for the offences under Sections 366, 368 and 376 of the Indian Penal Code.

(2.) THE defence was one of denial and Bhagirath stated that he was a dispenser at Chambi hospital but he developed enmity with one Parkash Chand Verma who was the former dispenser of the same hospital. Parkash Chand Verma had stood in the election and in that connection he gave up his service. Bhagirath was appointed in his place. Later Parkash Chand Verma lost the election and wanted reemployment which was resisted by Bhagirath. According to this accused the present case is foisted upon him at the instance of Parkash Chand Verma.

(3.) THE prosecution produced 16 witnesses including Saroj Kumari (P. W. 1) prosecutrix, Om Prakash (P. W. 2) her brother. Daulat Ram (P. W. 3) her father, Smt. Lajwanti (P. W. 4) her mother. Sarwan Kumar (P. W. 6), Mast Ram (P. W. 7) uncle of the girl and Shambhu Datt (P. W. 8) shopkeeper besides Dr. R. S. Nanda (P. W- 9) and Dr. Jagdish Roy Radiologist (P. W. 14 ). Bhupinder Pal (P. W. 10) was produced to prove the birth entry. The learned Sessions Judge on the question of age recalled two witnesses and examined one afresh under Section 540 of the Code of Criminal Procedure. These were Ram Sarup Headmaster (C. W. 1) who proved the birth entry shown in the Admission Register, Saroi Kumari (C. W. 2) and Daulat Ram (C. W. 3) both of whom were already examined as P. W. 1 and P. W. 3 respectively.