CHAMARU RAM Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Mandi, dated 26th September, 2003, whereby the appellant Chamaru Ram, hereinafter referred to as the "accused", has been convicted for an offence punishable under Section 376 of the Indian Penal Code. The accused is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10.000/-. In case of default in the payment of fine, he is to undergo simple imprisonment for one month.

(2.) Prosecution case 'S' (P.W. 1) was more than seventeen years of age at the relevant time. She is mentally retarded. On 11th September, 2002 at about 12 Noon she was going back to her house, after having plucked a pumpkin from the fields, accused accosted her. He snatched the pumpkin from her hands and threw it on the ground. He took her behind the house, forced her on the ground, broke the string of the salwar and subjected her to forcible sexual intercourse. She bleed, however, she washed herself from the tap water. She also washed her pajama. She raised alarm, but nobody was around. Chamaru Ram threatened her that if she disclosed this incident either to her parents or his wife then "he would see her". She went back to her house. At about 9.00 in the night she disclosed the incident to her mother Premi Devi. Neither her father nor brother were in the house. Both of them had gone out for work. They returned back on 17th September, 2002 and the report was lodged with the in-charge, Police Post, Pangna on 19th September 2002. On the basis of this report a ease under Sections 376 and 506 of the Indian Penal Code was registered against the accused.

(3.) Accused was tried for the offences punishable under Sections 376 and 506 of the Indian Penal Code. After the trial, he was acquitted for the offence punishable under Section 506 of the Indian Penal Code, but, was convicted, as noticed earlier, for the offence punishable under Section 376 of the Indian Penal Code.