SATISH KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-5-66
HIGH COURT OF HIMACHAL PRADESH
Decided on May 26,1997

SATISH KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Cited Judgements :-

SAMPURNANAND MISHRA VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-12-206] [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)APPELLANT Satish Kumar has been convicted by the learned Additional Sessions Judge, Solan, on 11.12.1996 for the offence under Section 376, Indian Penal Code and sentenced to seven years rigorous imprisonment and to pay a fine of Rs. 5000/ - and in default of payment of fine to undergo rigorous imprisonment for a further period of one year.
(2.)IN brief, the prosecution story is this. The appellant is resident of Panjgain, District Bilaspur and presently residing with his family at Navgaon, Tehsil Arki, District Solan. He is an astrologer by profession. His wife, Smt. Leela Devi (PW.3) is a Home Guard Cadet. He has a daughter, Kumari Diksha (PW.2) and a son. He has taken on rent two rooms in the building of one Tulsi Ram and residing there with his family. Kumari Diksha (PW.2) is of about 12 years of age.
(3.)ON 11.9.1995 a report was made by PW.2 Kumari Diksha at Police Station Sadar, Bilaspur stating that about 15/16 days back her mother alongwith her younger brother had gone to her parents house and she was alone in the house alongwith her father, the appellant. ?After taking means, she went to her room. The appellant at that time was talking to some teachers outside. After some time the appellant came to her room, lifted her in his arms and carried her to his room and made her sleep; on his cot. The appellant then opened her salwar by loosening the waist -band and committed sexual intercourse with her. ?When she tried to raise cries, the appellant gagged her mouth and told her that he was performing "Yoga" exercise. During the sexual act she suffered a lot of pain. Her private part started bleeding and the clothes which she was wearing were besmeared with blood. The appellant got such clothes washed before the arrival of her mother. She was also threatened not to disclose anything to anyone, otherwise she would be done away with. She, therefore, did not disclose anything to her mother even. On 9.9.1995 the appellant returned home at night under the influence of liquor. Without any rhyme or reason he started abusing her mother in a filthy manner. He even pushed her out of the home by telling her to go away with her son. The appellant when tried to drag Kumari Diksha inside the room, she told her mother that she would not like to stay with the appellant as he was sinner and not her father. She also told her mother about her having been subjected to forcible sexual intercourse by the appellant few days back. The prosecutrix Kumar Diksha alongwith her mother and younger brother then left the house and went to the house of her maternal grand parents in village Sainfarde.
On the basis of such report the prosecutrix was got medically examined at District Hospital, Bilaspur at about 3.00 P.M. PW.18 Dr. J. Goswamy conducted the medical examination. He observed as under : - (i) There was no mark of violence on the person of the prosecutrix; (ii) The prosecutrix was found to be a well built young female; (iii) Breasts were well -developed; pubic hairs scanty; (iv) Vaginal intraoitus permitted introduction of two fingers; (v) Sides of vaginal smears showed absence of sperm, gonococcus of trichomonas vaginal; and (vi) The age of the prosecutrix was found to be between 12 -1/2 to 15 years.



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