SANDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant has been convicted and sentenced for having committed an offence punishable under Sec. 376 of the Indian Penal Code (for short 'IPC') and aggrieved thereby has filed the instant appeal.

(2.) The prosecution case, in brief, is that the complainant/prosecutrix along with her mother Parvati Devi and father Jivan Singh, lodged a rapat No.49A with Police Station, Gohar, however, H.C. Bihari Lal sent the same to Police Station, Balh, for want of jurisdiction, on the basis of which a formal FIR came to be registered at Police Station, Balh, wherein it was alleged that prosecutrix was a student of IInd Year in Bassa College, Gohar. On 25/7/2023, she had gone to the college where the appellant met her and told her that he wanted to talk her, but she declined to listen his words and went to attend the class. While, she was in the class, the appellant entered and threatened her and asked her not to talk with the boys of her class and also questioned as to why she had been sitting on the conductor seat. However, she told him that he had nothing to do with where she sits. On this, the appellant slapped her and went away from the class. It was further alleged that on the same day at about 2.00 p.m., she went to her home in a bus and alighted at Dangel from where her house was at a walking distance and while she was on her way and crossing 'nala' at Dangel, the appellant, who had already been hiding himself forcibly dragged her and gagged her mouth with the hands and laid down her on the ground and committed rape. Thereafter, the appellant fled away from the spot and she went to her house where only her younger sister and brother were present. Therefore, she waited for her mother to return from her workplace. When her mother came at 5.00 p.m., she disclosed the entire incident to her.

(3.) On this information, FIR was registered and during the course of investigation, medical examination of the prosecutrix was conducted, spot map prepared and statement under Sec. 164 Cr.P.C. of the prosecutrix was recorded. The appellant was also got medically examined and thereafter swabs and other material obtained during the medical examination were sent to RFSL, Mandi for analysis and sample for DNA profiling was also obtained and sent to FSL, Junga. After receipt of the report and recording the statements of the witnesses under Sec. 161 Cr.P.C., the charge-sheet was filed.