PARMOD CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has challenged the judgment of his conviction and sentence passed by the learned trial Court in Sessions Case No.24-K of 2005, decided on 23.10.2007 /31.10.2007, whereby he was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. .25,000/- under Sessions 376 (2)(f) of the Indian Penal Code, for allegedly committing rape on the prosecutrix, a minor child, and also to criminally intimidate, as such sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. .5,000/- under Section 506 part II of the Indian Penal Code with the default clauses.

(2.) In the instant case, the prosecutrix is the sister's daughter of the appellant, hereinafter to be referred as 'the accused'. The prosecutrix was adopted by the accused when she was approximately six months old.

(3.) Police on visiting the spot prepared the site plan Ext.PW9/A and also collected the birth certificate Edt.PW5/B from the school where she was studying. Police also took into possession bed-sheet Ext.P5 over which the accused is alleged to have committed rape with her. It was also sent for chemical examination.