PADAM SINGH SON OF SHRI INDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant to be referred as "the accused" felt aggrieved by the judgment of his conviction and sentence passed by the learned Additional Sessions Judge, in Sessions trial No. 13 of 2011 decided on 20.12.2011 for the offence punishable under Section 376 Indian Penal Code, for allegedly committing rape on a woman aged about 45 years who was mentally retarded, whereby he has been sentenced to undergo imprisonment for a period 7 years and to pay a fine of Rs.20,000/- with the default clause. The benefit under Section 428 of the Code of Criminal Procedure was also accorded to the accused.

(2.) Succinctly stated, the facts giving rise to the present appeal are that the husband of the prosecutrix had died about one and a half years ago from the date of the alleged incident. She is mentally retarded and living with her married daughter PW1 Smt. Godavari, who used to look after her. On 10.11.2010 at about 5 p.m. Smt. Godavari aforesaid had gone to cut the grass with the prosecutrix. Both of them were at some distance. After about 45 minutes, she went to the prosecutrix to check the progress. At that time she noticed a person, who on seeing her tied his pant and ran away. She asked PW2 Prinshu, who was nearby, to identify the man. He confirmed that it was the accused. Smt. Godavari went to the prosecutrix and she complained to her about the rape committed by the accused upon her. The prosecutrix was taken to home. On the arrival of PW3 Tek Singh her husband, the matter was reported to police.

(3.) Police recorded the statement of the complainant under Section 154 of the Code of Criminal Procedure Ext. PW1/A which culminated into FIR Ext. PW13/A. PW13 ASI Amar Nath conducted the investigation of this case. He moved an application Ext. PW5/A for conducting medical examination of the prosecutrix in zonal hospital Mandi.