HUKAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant Hukam Singh, hereinafter referred to as the "accused" having been convicted by the learned Sessions Judge, Kinnaur for an offence punishable under Section 376 read with Section 511 of the Indian Penal Code is in this appeal. The accused is sentenced to suffer rigorous imprisonment for seven years and pay a fine of rupees 22,000/-. In case of default in the payment of fine, he is to suffer further rigorous imprisonment for one year.

(2.) The accused was not represented by Counsel and therefore, Shri Anup Chitkara, Advocate, was appointed as Legal Aid Counsel.

(3.) The accused aged about 31 years, at the relevant time, is resident of village Kareri (Rehnu) in Tehsil Rampur of District Shimla. He was married to Ramki Devi (P.W. 2). Three children were born out of the wedlock. Victim is the youngest child. Ramki Devi had left her matrimonial home along with her two sons due to differences with her husband, twelve years prior to the lodging of the First Information Report, when victim was one and half years of age. She started living in her parental house. The victim remained with her father and was brought up by her grand-mother Champu Devi. The victim was about thirteen and half to fourteen years of age at the relevant time. On September 19, 2002, Ramki Devi (P.W.2) lodged report with the Police Station, Rampur alleging that her daughter, the victim, came to her on September 16, 2002 and told her that her father, the accused, has been sexually abusing her for the last one year in the sense that he would come under intoxication in the evening, remove his clothes and lie over the victim. She explained that she did not approach the Police earlier as her father Brahmu Ram was not in the house. The F.I.R. was signed apart from complainant Ramki Devi, by her father Dharmu Ram and the victim.