CHAIN RAM ALIAS CHAINI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant Shri Chain Singh was charged and tried for the offence under section 376 I.P.C. by the Sessions Judge, Shimla. The charge against him was that on or about 24.7.1980 at Tilini Thach he had committed rape on Kumari Salochna (PW. 1). The learned Sessions Judge found the appellant guilty of the aforesaid charge and vide his judgment dated 26.7.1982 convicted him accordingly. Later vide his order of even date the learned Sessions Judge sentience the appellant for this conviction to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/- or in default to undergo further rigorous imprisonment for six months. Feclilg aggrieved the appellant has approached this court in appeal.

(2.) The prosecution case as it emerges from the evidence on record may be briefly sketched like this. The appellant and the prosecutrix Kumari Salodma belong to neighbouring villages, namely, Sadroti and Chhupari both falling in Tehsil Rohru. The families of both of them keep goats and sheep. As per practice prevailing in the area all the goats and sheep are taken to high hills for grazing during summer. Normally a group of goats and sheep owners join together and all the goats and sheep belonging to such group are sent to high hills in the form of a common flock. Such owners attend this flock turn by turn. Seven owners of goats and sheep of that area including Chain Ram appellant, Budh Nath the father of the prosecutrix, Ganga Ram (PW.6) and Rattan Singh had formed such group. Their common flock of goats and sheep was attended to by them turn by turn. On 24.7.1980 it was the turn of Budh Nath, the father of the prosecutrix to go with the common flock of goats and sheep. He, however, had some work at Rohru on that day and hence he could not go. In his absence appellant. Chain Ram, Ganga Ram (PW. 6) and Rattan Singh accompanied the common flock of their goats and sheep for grazing purposes. Budh Nath, however, sent ration for these graziers through his daughters Kumari Salochana (PW. 1) and Kumari Saputra (PW.5). Both these sisters along with the ration met the afore said three graziers at a place known as Shari Thatch. From that place Kumari Saputra (PW. 5) returned home as she had to attend to her cattle Kumari Salochna (PW.1), however, accompanied the said grazlers towards Kui Thach where perhaps the goats and sheep were to be grazed. At a short distance from Kui Thach, the prosecutrix decided to return home. The appellant offered to accompany her so that she may. not be afraid walking alone in the jungle. It was in these circumstances that the appellant accompanied the prosecutrix on her return journey from the jungle towards her house. The further case of the prosecution is that after covering some distance when the prosecutrix and the appellant reached a place known as Balon Nalla, the appellant took tfle prosecutrix into his arms. She tried to raise an alarm but her cries could not be heard as the other graziers were far away. The appellant then made the prosecutrix to tie on the pound and after loosening the string of her salwar, he forcibly and against her constant committed sexual act with her. After the commission of the sexual act, the appellant went towards Kui Thach telling the prosecutrix not to disclose about the incident either to her parents or to anybody else. The prosecutrix then proceeded toward her house. On reaching her house the prosecutrix found that her grand-father alone was in the house. Her mother had gone to the fields. She, therefore, also went to the fields. There she found her mother and her elder sister Swala Devi (PW. 4) working in the field. The mother returned home while the prosecutrix and her elder sister continued working in the field. Later in the evening she narrated the occurrence to her elder sister. On her return home she talked about it to her mother. On the next day the prosecutrix accompanied by her father reached the police station Rohru where she lodged the F.I.R. on the basis of which a case was registered. The police after registering the case got the prosecutrix medically examined in the Civil Hospital, Rohru. The medical examination revealed that her hymen was lacerated haying two radiate tears. The edges were red, swollen and highly painful which were bleeding on touch. The other injuries found on the person of the prosecutrix were as under:

(3.) (iii) a bruise present on the right knee joint 2 X 2 in size, reddish blue in colour and circular in shape.