SONU KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In terms of judgment dated 27.11.2008, passed by the Ld. Sessions Judge, Mandi, H.P. in Sessions Trial No.9 of 2008, titled as State Vs. Sonu Kumar, i.e. the accused (the present appellant) stands convicted for having committed offences punishable under Sections 366-A and 376 of The Indian Penal Code, 1860 (referred to as I.P.C.). He is sentenced to undergo imprisonment for a period of ten years in relation to each of the offences and also to pay fine of Rs.10,000/- each, and in the event of default to further undergo simple imprisonment for a period of one year each.

(2.) It is the case of prosecution that on 5.10.2007, prosecutrix (PW-11) aged about 13-14 years, student of 8 th standard, was subjected to forcible sexual intercourse by the accused who lives in her neighbourhood, under promise and inducement of marriage. Out of fear she did not disclose the incident to anyone, and also left her house on 6.10.2007 to an undisclosed place. Eventually, her parents found her at Sundernagar and brought her home on 7.10.2007. She narrated the incident to them. They took her to the Police Station, Balh and got FIR No.290 (Ex.PW13/A) recorded on 7.10.2007 at 7:00 P.M. Copy of the FIR was immediately sent to the concerned Magistrate for information. S.I. Beant Singh (PW-14) was asked to investigate the matter. Prosecutrix was immediately sent for medical examination which was conducted by Dr. Anita Thakur (PW-8), Medical Officer posted at the Zonal Hospital, Mandi. 3 Doctor opined that prosecutrix was subjected to sexual intercourse without her consent. In order to determine her radiological age, prosecutrix was medically examined by Dr. Rakesh Kumar (PW-9) who opined it to be between 14-16 years. Police visited the spot where accused had subjected the prosecutrix to rape and in the presence of witnesses, prepared site plans Ex.PR and PS and got the spot photographed (Mark A-1 to A-D) and colleted four pieces of condoms(Ex.P2) allegedly used by the accused while having sexual intercourse with the prosecutrix on 5.10.2007. Clothes of the prosecutrix and the accused were also collected by the police. Sample of vaginal swab taken by the Doctor, handed over to the police, alongwith incriminating evidence i.e. clothes and condoms were sent for chemical analysis to the FSL Laboratory and report Ex.PK obtained by the police. Police also took on record certificate of birth of the prosecutrix (Ex.PD & PG) issued by the concerned school and the Panchayat. With the completion of investigation, challan was presented in the Court for trial.

(3.) During trial, following charges were framed against the accused to which he did not plead guilty:-