BIDHIA ALIALL BIDHI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Sessions Judge, Dharamshala, vide his judgment dated 20-10-1982 convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of five years and a fine of Rs. 1000/- for the offence under section 376 Indian Penal Code and six months rigorous imprisonment for the offence under section 506 Indian Penal Code. In case of default in the payment of fine, the appellant is to undergo further rigorous imprisonment for three months. The fine, if recoded, is to be paid to the prosecutrix. The sentences are to run concurrently.

(2.) Feeling aggrieved from this judgment, the appellant has filed this appeal.

(3.) The prosecution case is that Kumari Meera (P W. 3) daughter of Garibu, aged 151/2, years was grazing her cattle in forest Amb Gahar during noon time on 25-3-1981. The appellant came, and after catching her, he threw her on the ground. Thereafter he forcibly took off her salwar and after removing his pant and underwear, committed sexual intercourse with her forcibly and without her consent. She started crying, but the appellant gagged her mouth with her dupatta. After committing the act of sexual intercourse and satisfying is lust, he continued holding her for some time. He also threatened her that in case she disclosed these facts to any one then her life would be taken away. After a short while the appellant again committed sexual intercourse with her against he will and without her consent. Then the appellant left her in the jungle and ran away. She reached her home in a weeping condition and narrated the whole occurrence to her mother. Her parents took her to Pir Saloohi, civil dispensary where she was examined by a trained nurse, Krishna (P.W. 8) on the instructions of Doctor Bose. The nurse advised that she be taken to Jawalamukhi Hospital. As it was getting late, therefore, they went to Jawalamukhi hospital on 26-3-1981. The doctor advised the father of Meera (P.W. 3) to report the matter to the police and thereafter a report (Ex. PB) was lodged at Police Station Jawalamukhi on 26-3-1981 at 12.15 p.m. A case under sections 376 and 506 Indian Penal Code was registered against the appellant. Meera (P.W. 3) was also examined by the Medical Officer, Jawalamukhi on 26-3-1981. After investigations by the police, the appellant was charged and tried by the Session Judge Dharamshala, for having committed offences under section 376 and 506 Indian Penal Code. He was finally convicted and sentenced.