Dharam Chand Chaudhary, J. (oral). Aggrieved by judgment dated 29.12.2012, passed by learned Additional Sessions Judge, Fast Track Court, Una, District Una in Sessions Case No.10-VII/2012, the appellant, hereinafter referred to as the accused, has preferred this appeal with the prayer to quash and set aside the same and acquit him of the charge under Sections 376, 323 and 506 of the Indian Penal Code.

2. The accused has been tried and convicted for the commission of offence punishable under Sections 376, 323 and 506 IPC. He has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of 110,000/- under Section 376 IPC, simple imprisonment for a period of three months under Section 323 IPC and simple imprisonment for six months and to pay a fine of 1500 under Section 506 IPC. Presently he is in jail and serving out the sentence imposed upon him.

3. The prosecution case, in a nut shell, is that the prosecutrix is working as Peon in ‘Shanti International Public School’ Kailashnagar, Nakroh, Tehsil Amb, District Una. On 11.2.2012 around 4.30 p.m., after performing her duties and while on the way to her house, the accused, who came from opposite side caught hold her right hand and dragged towards the nearby bushes. On her objections to such act and conduct of the accused, he shown her ‘darat’ and put his hand on her mouth. She therefore, could not raise alarm. He thereafter opened her salwar forcibly and committed rape on her. On hearing her cries, her husband Yakub Mohammad, PW-6 came to the spot and tried to save her from the accused. The accused, however, gave him darat blow and as a result thereof, her husband received injury on his ring-finger. The accused fled away from the spot and raised threats to do away with their lives, in case the incident is reported to anyone else. Immediately after the occurrence, her husband reported the matter to PW-2 Smt. Darshna Devi, Pradhan Gram Panchayat over her cellphone; she however, did not visit the spot. PW-6 was provided first aid by PW-5 Dr. Jagdeep in his clinic at Nakroh. Thereafter the prosecutrix and her husband visited the house of the Pradhan, who advised them to report the matter to the police.

4.On the next day, they went to the house of Pradhan and Shri Satpal Up-Pradhan, but they both have refused to come and help them. They, therefore, reported the matter to the owners of the school Shri Chandan Lal and Nand Lal on the second day in the evening, however, they also expressed their inability to help them at the pretext that the school management was not responsible for any mishappening outside the school gate. Ultimately the prosecutrix accompanied by her husband, reported the matter on 12.2.2012 at 6.50 p.m. to the Police of Police Station Amb, where FIR Ex. PW-1/A was registered.

5.The Police during the investigation of the case got conducted the medical examination of the prosecutrix from PW-9 Dr. Usha Daroch, vide MLC Ex.PW-9/A. The clothes etc., of the prosecutrix preserved by the doctor were taken into possession vide memo Ex.PW-1/B. Medical examination of PW-6 was also got conducted from PW-9 itself vide MLC Ex.PW-9/E. The accused was arrested on 13.3.2012 and got medically examined from PW-10 Dr. Rahul Katna, vide MLC Ex.PW-10/B. The Regional Forensic Science Laboratory, Himachal Pradesh, Kangra at Dharamshala after analyzing the exhibits i.e. clothes and vaginal slides etc., submitted the report Ex.PX.

6.On the completion of the investigation, report under Section 173 Cr.P.C., was filed against the accused. He was subsequently charge-sheeted for the commission of offences punishable under Sections 376, 323 and 506 IPC. He, however, pleaded not guilty and claimed trial. The prosecution in order to sustain the charge framed against him has examined 12 witnesses in all.

7.On the other hand, the accused, besides his own statement under Section 313 Cr.P.C., has examined DW-1 Shri Surjit Singh Dadwal, Advocate-cum-Notary Public, who has p