JUDGMENT

R.M. Lodha, J.—

Rapist not only violates the victim’s privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely assault - it is often destructive of the whole personality of the victim. The murderer destroys the physical body of his victim. Rapist degrades the very soul of the helpless female. [State of Punjab vs. Gurmit Singh and Others1, (1996) 2 SCC 384]

2. First, a brief reference to the prosecution case. The prosecutrix (name with-held by us), a young girl about 18 years of age, was staying with her parents in village Kothi, district Bilaspur, (H.P.). The accused, Rajinder@Raju, resident of village Duhak, district Bilaspur, had taken contract for laying G.I. Pipelines in village Kothi near the residence of the prosecutrix. In that connection, he used to store his material in the house of prosecutrix’ parents. On January 16, 1996, prosecutrix had some throat pain. When the accused came to the house of the prosecutrix and came to know that the prosecutrix has been suffering from throat pain, he suggested to the mother of the prosecutrix that his cousin at Ghumarwin was a doctor and if permitte