Point of Law : Mere delay in lodging of first information report does not in any way render prosecution version brittle.

JUDGMENT :

Satyen Vaidya, J.

The appellant has assailed judgment and sentence dated 18.01.2018 passed by learned Additional Sessions Judge (II), Kangra at Dharamshala (H.P.) in Sessions Trial No. 3- G/VII/2016, whereby the appellant has been convicted and sentenced as under:-

All the sentences were ordered to run concurrently.

2. The prosecution case in brief was that on 06.10.2015, victim submitted a written complaint, Ex.PW4/A to SHO, Police Station Jwalamukhi, District Kangra, H.P. alleging therein that she was resident of Village Bhoran Chanalti, P.O. Silh, Tehsil Jwalamukhi, District Kangra, H.P. She was residing with her parents, both of whom were working. She was from a poor family. On 25.09.2015, she was alone at home as her parents had gone out for work. At about 4.00 P.M., Jagdish Chand (Jaggi) visited her house and started misbehaving. He held the victim by breast and thereafter gave teeth bite on her face, undressed her and committed wrong act with her. When she tried to make hue and cry, he inserted cucumber in her mouth. In the meantime, she became unconscious and Jagdish after committing wrong act ran away. She was threatened that in case she disclosed the incident to anyone, she as well as her parents would be killed. On the basis of aforesaid complaint, formal FIR, Ex.PW 11/A was registered and the investigation was initiated.

3. Victim was medically examined by PW-8, Dr. Shilpa Atwal on 06.10.2015 at about 9.25 P.M. and the findings were recorded vide MLC Ex.PW8/B. The statement of victim under Section 164 Cr.P.C., Ex.PW4/B was recorded by Judicial Magistrate 2nd Class, Dehra on 07.10.2015. Victim was also examined by PW16 Dr. Aakriti Manhas as Specialist. Further, the psychiatric opinion Ex.PW5/A was provided by a panel of doctors.

4. Samples obtained and preserved, during medical examination of the victim and the appellant, were got analysed scientifically. RFSL, Dharamshala provided its scientific report Ex. PX. Statements of the witnesses were recorded. On completion of investigation, challan was presented.

5. Prosecution examined total 18 witnesses. Appellant was examined under section 313 Cr.P.C. On conclusion of trial, learned Additional Sessions Judge-II, Kangra at Dharamshala, convicted and sentenced the appellant as noticed above.

6. We have heard Mr. K.S. Banyal, learned Senior Advocate with Shri Vijender Katoch Advocate for the appellant and Mr. P.K. Bhatti, learned Additional Advocate General for the respondent and have also carefully perused the entire record.

7. The incident allegedly had taken place on 25th September, 2015. The matter, as per prosecution case, was reported for the first time on 06.10.2015. Further the case of the prosecution was that the disclosure about the incident, in the first instance was made to PW-1 Smt. Nishipant, President of Gram Panchayat and PW-2, Smt. Sarla Devi, a Ward Member. For such purpose, the victim and her mother PW-3 Smt. Tripta Devi had visited Panchayat office in the morning of 06.10.2015.

8. Victim was examined as PW-4. She narrated the entire incident before the trial court in the same manner as she had got recorded in complaint Ex.PW4/A. The victim stated that she did not disclose the misdeed of appellant to her mother when she (mother) returned home at about 5.00 -5.30 P.M because the victim was scared on account of threats extended by the appellant. She further stated that she disclosed the incident on 06.10.2015 for the first time in front of PW-1 Smt. Nishipant and PW-2 Smt. Sarla. Victim disclosed her date of birth as 10.04.1997.

9. In