Beli Ram vs State Of H.P. on 19 December, 2006

    On 26.5.2005 an application in writing was submitted by the father of the prosecutrix, namely 'D' that he has got four daughters and his youngest daughter named as 'P' (name not intentionally mentioned) who was born on 3.2.1990 and is of the age of 15 years. It was alleged therein that his daughter had gone for cutting of grass on 17.5.2005 at about 6/7.00 p.m., the appellant hereinafter to referred as the accused also came there and committed forcible sexual intercourse with his daughter. The accused had put the cloth on the mouth of the prosecutrix so that she could not raise an alarm. While leaving the place, the accused gave a threat to his daughter that in case she reported the matter to any person, he will kill her and her family. It was further alleged that his daughter reported about the occurrence to his wife 2-3 days ago and the accused was a dangerous person and of gunda type and had threatened his daughter and action be taken. Therefore, a report was lodged with the police, on which a case was registered on the same day itself. During investigation of the case, the police took in possession the entry regarding the birth of the prosecutrix that she was born on 3.2.1990 and was of the age of 15 years and about 3-1/2 months. The girl was medically examined and according to the opinion of the Medical Officer, there were no marks of violence. As per the report, the girl was found frequent to coitus since the vagina admitted two fingers easily. The opinion of the Radiologist was also sought in regard to the age of the prosecutrix who gave the age in between 16-17 years. During investigation, Medical Officer also examined the accused who was found fit to commit sexual act.

    The appellant against the judgment of the Court was held guilty as under Section 376. The appellant was sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000. In default of payment of fine, the appellant was to suffer imprisonment of two years. Under Section 506 I.P.C. The appellant was sentenced to rigorous imprisonment for a period of one year and to pay fine of Rs. 2,000. In default of payment of fine, the appellant was to suffer imprisonment for three months.