- (1.) This appeal arises out of the conviction of the appellant named Mohan aged 43 years under Sections 376 & 506, Indian Penal Code, 1860 vide decision dated 06.07.2009 and sentencing order dated 07.07.2009 passed by the learned Additional Session Judge vide which the appellant has been held guilty of the offence and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.15,000/.
(2.) The prosecution version of story as narrated on the basis of investigation carried out by the Investigating Officer, depicts sordid and grimy picture. It shows, believed to be correct by the Trial Court, as to how a young and gullible girl can be exploited and her life ruined. The girl in question is Gudiya, aged about sixteen years, was found pregnant by Anita Kaushal (PW-12) on 14.05.2007, a Welfare Officer at Nirmal Chaya after finding the extra ordinary bulge of stomach. The medical test of Gudiya confirmed this. PW-12 scolded Gudiya (PW-1) for not telling the truth about her physical conditions. On the persistent coaxing Gudiya narrated the whole story to PW-12 that 7-8 months prior to 14.05.2007, the appellant who used to sell water on rehri outside the school (Sarvodya Kanya Vidyalaya, L-Block, Hari Nagar in IXth Class and school hours are from 7.15 am to 1.30 pm) and sometimes allowed inside the school premises in case of shortage of water, called Gudiya by telling lie that her madam was calling her. Taking an advantage of her innocence, the accused then pushed her into the bathroom of school premises and forcibly indulged in the sexual intercourse there itself. He threatened to kill her if she disclosed truth about his act. He also threw Rs.10-15 at victim so that she could keep her mouth shut.
(3.) She further disclosed that Mohan continued with the same acts (forceful intercourse) at same place in the school premises, even thereafter on number of occasions. He would give Rs.10-20 to find the middle ground with the situation. Also, at the same time, he would threaten her as well, with knife, if she disclosed anything about his act to anyone. It was stated by Gudiya that she was not aware that she was pregnant; and only after the medical test, it came to the knowledge of Gudiya that she was pregnant.;