CHARAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANT Charan Dass has appealed against the judgment of the Sessions Court whereby he has been convicted of the following offences and awarded punishment as mentioned against each offence : <FRM>JUDGEMENT_3713_CRLJ_2008Html1.htm</FRM>

(2.) HIS contention is that the evidence on record does not prove the charge against him and so he is entitled to acquittal.

(3.) CASE of the prosecution, as per evidence on record may be stated thus. Balak ram (P. W. 2) resided in village Jagli, Tehsil nalagarh along with his family members, members of his family comprised of his wife, one son and three daughters, His eldest daughter named Devki Devi, then aged about 15 years, used to remain sick. The people of the area thought that she was under the spell of some evil spirit. Balak Ram (P. W. 2) took her (his daughter Devki Devi), to various holy and spiritual men but she could not be exercised. In the last week of may, 2001. appellant posing himself to be an exerciser/holy man, visited the village of p. W. 2 Balak Ram. A man by the name of mani Ram, who is also resident of village jagli, took the appellant to his house for treating his son, who too was suspected to be under the spell of some evil spirit. P. W. 2 balak Ram also went there and asked the appellant if he could provide any treatment for his daughter Devki Devi. Appellant told him that he would be visiting his place and see the condition of his daughter. At the same time, he told that his aforesaid daughter was under the spell of some evil spirit. On 28th May, 2001, appellant visited the house of Balak Ram (P. W. 2) and told him that a he-goat was required to be offered to mahu Nag in Mandi District for getting rid of the evil spirit which has captivated his daughter, Balak Ram (P. W. 2) purchased a he-goad and offered to accompany the appellant to the Temple of Mahu Nag. Appellant, however, told him that he was not free from sins and the deity of Mahu Nag was not likely to accept his offer and so he would take his younger daughter, i. e. the prosecutrix, then aged 13 years with him and that he could also send his son Hem Raj then aged about eleven years with his daughter, balak Ram did not suspect the appellant and sent the prosecutrix and his son Hem Raj and nephew Mast Ram, also a minor boy, with the appellant. On the way, the appellant asked the two boys to go back and took the prosecutrix with him. He went to the house of his sister at Karsog, a sub-divisional headquarter of Mandi District. He introduced the prosecutrix as his god daughter. In the course of the night, he committed rape on the prosecutrix. He had been taking the prosecutrix to various places and having sexual intercourse with her. Three-four days thereafter, he went to Pandoh and took on rent a room from Devi Singh (P. W. 3)and started living there with the prosecutrix. There also, he had been having sexual intercourse with her.