- (1.)This appeal was going unrepresented as no one had appeared for the appellant to contest the matter. We, therefore, in the interest of justice, appointed an Amicus Curiae to represent the case of the appellant and assist the Court in reaching to a just conclusion.
(2.)Having heard the counsel for the parties and on perusal of the material on record, we have noted that this appeal is directed against the judgment and order dated 29.09.2009 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.52/2009 whereby the appeal preferred by the appellant was dismissed by the High Court. Consequently, the conviction of the appellant under Section 376 read with Section 506-I of the Indian Penal Code was upheld and the sentence of seven years imposed on the appellant/accused alongwith a fine of Rs.5,000/- in default of which he had to undergo simple imprisonment for a period of one year under Section 376 IPC and further to undergo simple imprisonment for three months under Section 506-I IPC, was confirmed.
(3.)The case of the prosecution which led to the conviction and sentence of the appellant emerges out of the FIR No.186/2006 which was registered at Police Station Nahan by the prosecutrix/the victim girl aged 17 years who suffered the offence of rape at the instance of the appellant.
She has stated in the FIR that on 20.08.2006 at about 12.30 p.m., she had taken her goats for grazing in the forest at a distance of about 1/2 k.m. from the village. She was sitting alone on a foot path, at about 2 p.m. when somebody caught hold of her from her back and then she found out that it was the accused-appellant who had forcibly caught hold of her. She enquired the reason for holding her to which the accused did not respond. The appellant thereafter physically abused her body specially the chest portion removed her clothes made her lie on the ground and inflicted sexual assault by committing rape on her. In panic, she raised alarm but none came to her rescue or for help. The accused-appellant after raping her left the place and threatened her that in case she disclosed the incident to anyone, she will have to pay for the consequence of disclosing the incident. It has been stated by the victim-girl that on account of this fear, she did not disclose this incident to her parents for several days but she remained tense on account of trauma that she had been suffering due to the heinous incident. However, the tension that brewed in her mind, increased so much that on 02.09.2006, she attempted to commit suicide by consuming some poison and she became unconscious after which she was admitted into the Hospital at Dadahu and then shifted to Nahan and finally to the PGI, Chandigarh. On regaining her consciousness, she disclosed the incident to her parents and brother Ramesh Chand. She was discharged from PGI, Chandigarh on 10.09.2006 and thereafter she reported the case at Police Station Nahan.