Bhanei Prasad Alias Raju Prasad Vs State of Hp

_____________________________________________________ For the appellant: Mr. Aman Sood, Advocate as Legal Aid Counsel. For the respondent: Mr. I.N. Mehta, Mr. Yashwardhan Chauhan, Senior Additional Advocates General, with Ms. Sharmila Patial, Mr.Navlesh Verma, Additional Advocates General and Mr. J.S. Guleria, Deputy Advocate General.

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Sushil Kukreja, Judge

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The instant appeal has been maintained by appellant/ accused/convict (hereinafter referred to as the accused) against judgment of conviction dated 24.09.2018 and order of sentence dated 26.09.2018, passed by learned Special Judge, Solan, H.P., in Sessions Trial No.8-S/7 of 2013, whereby the accused was convicted and sentenced to imprisonment for life and to pay a fine of Rs.50,000/- for

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the commission of the offence punishable under Section 6 of the

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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2

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Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and he was also sentenced to undergo imprisonment for

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a term of two years for commission of the offence punishable under Section 506 of the Indian Penal Code (for short “IPC”).

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The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:

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The accused is the father of victim ‘V’ (name withheld), aged 15 years. During the year 1986, the accused got married and out of the wedlock, four children were born. Victim ‘V’ was born on 01.03.1995 and her mother died shortly after the birth of her younger daughter ‘S’. In the year 2009, the accused alongwith his children was residing in a rented accommodation of one Narender Kumar at Village ‘D’, where he started sexually abusing his minor daughter, i.e. victim ‘V’ and subjected her to forcible sexual intercourse and also criminally intimidated and threatened her with dire consequences in case she divulged the incident to anyone. Thereafter, in the year 2009, the accused shifted to village ‘A’ in a rented accommodation of one Rajinder Singh and started residing there alongwith his children. In the month of April, 2010 and thereafter also, he repeatedly subjected victim ‘V’ to forcible sexual intercourse against her wishes and kept her under constant threat and fear and on 25.01.2013, he again subjected her to forcible sexual intercourse. On 12.03.2013, younger sister ‘S’ of victim

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‘V’ was hospitalized in Government Ayurvedic Hospital, Rabon, District Solan, H.P., who remained hospitalized there w.e.f 12.03.2013 to 16.03.2013 and during her hospitalization, victim ‘V’ alongwith her elder sister went to see her and it was during this meeting that their younger sister ‘S’ disclosed to them that she was subjected to forcible sexual intercourse by the accused and thereafter victim ‘V’ also opened up and disclosed the incidents of being sexual assault by the accused in the year 2009, 2010 and on 25.01.2013. On 19.03.2013, the younger daughter ‘S’, after being discharged from the hospital, visited her eldest sister and disclosed that the accused had subjected her to forcible sexual intercourse on the night of 18.03.2013 and thereafter, victim ‘V’ alongwith her younger sister ‘S’ went to the police post and reported the matter to the police, whereupon statement of victim ‘V’ under Section 154 Cr.P.C. was recorded and case FIR No.74 of 2013, dated 19.03.2013, under Sections 376 and 506 IPC was registered against the accused. Police got the victim medically examined and scientific samples were preserved for forensic examination/analysis. Victim ‘V’ was referred to radiological examination and on examination, the Radiologist opined her age between 13½ to 16 years. On 20.03.2013, police visited the house of the accused and effected recoveries of clothes of the victim alongwith bed-sheet and arrested the accused and got conducted his medical examination. On 24.03.2013, the blood

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samples of the victim and the accused were taken on FTA cards for DNA profiling and sent the same for analysis to SFSL, Junga. During the course of further investigation, the police procured the date of birth record of victim ‘V’, perusal of which revealed that her date of birth was 01.03.1995. Police prepared the spot map, recorded the statements of the witnesses and the accused was found involved in the crime, pursuant to the receipt of FSL and DNA profiling reports. After completion of the investigation, police presented the charge-sheet before the trial Court.

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The prosecution, in order to prove its case, examined as many as twenty-four witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he pleaded not guilty. The accused did not examine any defence witness.

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The learned trial Court, vide impugned judgment dated 24.09.2018 and order of sentence dated 26.09.2018, convicted the accused under Section 6 of the POCSO Act and sentenced him to life imprisonment and pay a fine of Rs.50,000/- for the commission of the offence punishable under Section 6 of the POCSO Act and also sentenced him to undergo imprisonment for a term of two years for the commission of the offence punishable under Section 506, IPC.

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Being aggrieved and dissatisfied with the judgment of conviction and order of sentence passed by the learned trial Court, the

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appellant-accused approached this Court by way of instant appeal, praying therein for his acquittal after setting aside the aforesaid judgment of conviction and order of sentence.

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Learned legal aid counsel for the appellant contended that the trial Court has failed to appreciate the important aspects and ingredients of the alleged offences and there are material contradictions in the evidence led by the prosecution. He also contended that it is highly improbable that for such a long time the incident remained hidden, as such, it is prayed that the instant appeal may be allowed and the impugned judgment and order of sentence passed by the learned trial Court be quashed and set-aside and the accused be acquitted.

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Conversely, the learned Senior Additional Advocate General contended that the learned trial Court has rightly and correctly appreciated the evidence in its true perspective. He has further contended that there is more than sufficient material on record which clearly shows that the accused had committed penetrative sexual assault upon the victim, who is his own minor daughter. He further submitted that the evidence, which has come on record, is sufficient to convict the accused, hence the instant appeal be dismissed.

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We have heard the learned counsel for the appellant, as well as the learned Senior Additional Advocate General for the respondent/ State and also meticulously examined the entire record.

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So far as the age of victim ‘V’ is concerned, PW-7, the then TGT Arts of Govt. High School, deposed had she had issued certificate Ext. PW7/B regarding date of birth of the victim, who was student of 8^th class in the said school, perusal of which shows that the date of birth of victim ‘V’ is 01.03.1995. Thus, the evidence led by the prosecution is conclusive to prove that in the year 2009, the victim was below 15 years of age.

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Position of law regarding appreciation of the evidence of the child witness is well settled. A child witness, if found competent to depose to the facts and if her/her version is reliable, such evidence could be the basis of conviction. The only precaution which is to be taken by the Court while appreciating such evidence is to rule out any possibility of tutoring. If the Court is satisfied that the evidence of the child is not the tutored version and if it is found reliable, the same can be the sole basis for conviction.

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In Dattu Ramrao Sakhare and other Vs. State of Maharashtra, (1997) 5 SCC 341 , the Hon’ble Apex Court held as under:-

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“5…….. A child witness if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath the evidence of a child witness can be considered under Section 118 of the evidence Act provided that such witness is able to understand the question and able to give rational answers thereof. The evidence of a child witness and credibility thereof would depend upon the circumstances of each case. case. The only precaution which the court should bear in mind while assessing the evidence of a child witness is that the witness

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must reliable one and his/her demeanour must be like any other competent witness and there is no likelihood of being tutored. There is no practice that in every case the evidence of such a witness be corroborated before a conviction can be allowed to stand but, however as a rule of prudence the court always finds it desirable to have the corroboration to such evidence from other dependable evidence on record……”

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12. In Panchhi & Ors. Vs. State of U.P., (1998) 7 SCC 177,

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the Hon’ble Apex Court while placing reliance upon a large number of its earlier judgments observed that the testimony of a child witness must find adequate corroboration before it is relied on. However, it is more a rule of practical wisdom than of law. It cannot be held that the evidence of a child witness would always stand irretrievably stigmatized. It is not the law that if a witness is a child, his evidence shall be rejected, even if it is found reliable. The law is that evidence of a child witness must be evaluated more carefully and with greater circumspection because a child is susceptible to be swayed by what others tell him and thus a child

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witness is an easy prey to tutoring.

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In Suryanarayana Vs. State of Karnataka, (2001) 9 SCC

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129, wherein it has been stated as under :-

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"5………The evidence of PW 2 cannot be discarded only on the ground of her being of tender age. The fact of PW 2 being a child witness would require the court to scrutinise her evidence with care and caution. If she is shown to have stood the test of cross-examination and there is no infirmity in her evidence, the prosecution can rightly claim a conviction based upon her testimony alone. Corroboration of the testimony of a child witness is not a rule but a measure of caution and prudence. Some discrepancies in the statement of a child witness cannot be made the basis for discarding the testimony. Discrepancies in the deposition, if not in material particulars, would lend credence to the testimony of a child witness who, under the normal circumstances, would like to

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mix-up what the witness saw with what he or she is likely to imagine to have seen. While appreciating the evidence of the child witness, the courts are required to rule out the possibility of the child being tutored. In the absence of any allegation regarding tutoring or using the child witness for ulterior purposes of the prosecution, the courts have no option but to rely upon the confidence inspiring testimony of such witness for the purposes of holding the accused guilty or not.”

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14. In State of Uttar Pradesh vs. Krishna Master & Ors.,

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(2010) 12 SCC 324, the Hon’ble Apex Court held as under:-

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“36……..There is no principle of law known to this Court that it is inconceivable that a child of tender age would not be able to recapitulate facts in his memory witnessed by him long ago. This witness has claimed on oath before the Court that he had seen five members of his family being ruthlessly killed by the respondents by firing gunshots. When a child of tender age witnesses gruesome murder of his father, mother, brothers etc. he is not likely to forget the incident for his whole life and would certainly recapitulate facts in his memory when asked about the same at any point of time, notwithstanding the gap of about ten years between the incident and recording of his evidence.

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37.This Court is of the firm opinion that it would be doing injustice to a child witness possessing sharp memory to say that it is inconceivable for him to recapitulate facts in his memory witnessed by him long ago. A child of tender age is always receptive to abnormal events which take place in its life and would never forget those events for the rest of his life. The child would be able to recapitulate correctly and exactly when asked about the same in future…...”

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15. As can be culled out from the legal principles enumerated

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by the Hon’ble Apex Court in the aforesaid judgments, the testimony of

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the child witness has to be carefully scrutinized before the same is believed by the court and if the court comes to the conclusion that the testimony of the child is found reliable, trustworthy and truthful, then the same cannot be discarded on the mere premise that the witness

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happened to be a child witness.

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It is also the settled position of law that in the case of sexual

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assault, if the version of the prosecutrix is credible, consistent, inspires confidence and without any basic infirmity, same can be the sole basis for conviction. In support of this, we place reliance on the decision of the Hon’ble Apex Court in Dola Alias Dolagobinda Pradhan and another Vs. State of Odisha, (2018) 18 SCC 695, wherein the Hon'ble Apex Court summarized the general Rule and exceptions thereto, to base the conviction on the sole testimony of the prosecutrix, at paragraphs 6 to 9, which read as under:-

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"6. It is well settled law that if the version of the prosecutrix is believed, basic truth in her evidence is ascertainable and if it is found to be credible and consistent, the same would form the basis of conviction. Corroboration is not a sine qua non for a conviction in a rape case. The evidence of a victim of sexual assault stands at par with the evidence of an injured witness and is entitled to great weight, absence of corroboration notwithstanding. If the evidence of the victim does not suffer from any basic infirmity and the "probabilities factor" does not render it unworthy of credence, as a general rule, there is no reason to insist on corroboration, except from medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming. When a grown up and married woman gives evidence on oath in Court that she was raped, it is not the proper judicial approach to disbelieve her outright.

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7. In this regard it would be useful to quote certain observations of this Court in the case of Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat, [(1983) 3 SCC 217] wherein it is observed that:

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10. By and large these factors are not relevant to India, and the Indian conditions. Without the fear of making too wide a statement, or of overstating the case, it can be said that rarely will a girl or a woman in India make false allegations of sexual assault on account of any such factor as has been just enlisted. The statement is generally true in the context of the urban as also rural Society. It is also by and large true in the context of the sophisticated, not so sophisticated, and unsophisticated society. Only very rarely can one conceivably come across an exception or two and that too possibly from amongst the urban elites.Because: (1) A girl or a

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woman in the tradition bound non- permissive Society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred. (2) She would be conscious of the danger of being ostracised by the Society or being looked down by the Society including by her own family members, relatives, friends and neighbors. (3) She would have to brave the whole world. (4) She would face the risk of losing the love and respect of her own husband and near relatives, and of her matrimonial home and happiness being shattered. (5) If she is unmarried, she would apprehend that it would be difficult to secure an alliance with a suitable match from a respectable or an acceptable family. (6) It would almost inevitably and almost invariably result in mental torture and suffering to herself. (7) The fear of being taunted by others will always haunt her. (8) She would feel extremely embarrassed in relating the incident to others being over powered by a feeling of shame on account of the upbringing in a tradition bound society where by and large sex is taboo. (9) The natural inclination would be to avoid giving publicity to the incident lest the family name and family honour is brought into controversy. (10) The parents of an unmarried girl as also the husband and members of the husband's family of a married woman would also more often than not, want to avoid publicity on account of the fear of social stigma on the family name and family honour. (11) The fear of the victim herself being considered to be promiscuous or in some way responsible for the incident regardless of her innocence. (12) The reluctance to face interrogation by the investigating agency, to face the court, to face the cross examination by Counsel for the culprit, and the risk of being disbelieved, acts as a deterrent. 11. In view of these factors the victims and their relatives are not too keen to bring the culprit to books. And when in the face of these factors the crime is brought to light there is a built-in assurance that the charge is genuine rather than fabricated. On principle the evidence of a victim of sexual assault stands on par with evidence of an injured witness. Just as a witness who has sustained an injury (which is not shown or believed to be self inflicted) is the best witness in the sense that he is least likely to exculpate the real offender, the evidence of a victim of a sex-offence is entitled to great weight, absence of corroboration notwithstanding. And while corroboration in the form of eye witness account of an independent witness may often be forthcoming in physical assault cases, such

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evidence cannot be expected in sex offences, having regard to the very nature of the offence. It would therefore be adding insult to injury to insist on corroboration drawing inspiration from the rules devised by the courts in the Western World (Obeisance to which has perhaps become a habit presumably on account of the colonial hangover). We are therefore of the opinion that if the evidence of the victim does not suffer from any basic infirmity, and the "probabilities factors" does not render it unworthy of credence, as a general rule, there is no reason to insist on corroboration except from the medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming, subject to the following qualification: Corroboration may be insisted upon when a woman having attained majority is found in a compromising position and there is a likelihood of her having levelled such an accusation on account of the instinct of self- preservation. Or when the 'probabilities factor' is found to be out of tune". (emphasis supplied)

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8. In Sadashiv Ramrao Hadbe v. State of Maharashtra, [(2006) 10 SCC 92], this Court reiterated that the sole testimony of the prosecutrix could be relied upon if it inspires the confidence of the Court:

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"9. It is true that in a rape case the accused could be convicted on the sole testimony of the prosecutrix, if it is capable of inspiring confidence in the mind of the court. If the version given by the prosecutrix is unsupported by any medical evidence or the whole surrounding circumstances are highly improbable and belie the case set up by the prosecutrix, the court shall not act on the solitary evidence of the prosecutrix. The courts shall be extremely careful in accepting the sole testimony of the prosecutrix when the entire case is improbable and unlikely to happen."

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9. However, as is also evident from the observations above, such reliance may be placed only if the testimony of the prosecutrix appears to be worthy of credence. In this regard, it is also relevant to note the following observations of this Court in the case of Raju v. State of Madhya Pradesh, [(2008) 15 SCC 133], which read thus:

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"10. The aforesaid judgments lay down the basic principle that ordinarily the evidence of a prosecutrix should not be suspected and should be believed, more so as her statement has to be evaluated on a par with that of an injured witness and if the evidence is reliable, no corroboration is necessary. Undoubtedly, the aforesaid observations must carry the greatest weight and we respectfully agree with them, but at the same time they cannot be universally and mechanically

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applied to the facts of every case of sexual assault which comes before the court.

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11. It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication, particularly where a large number of accused are involved. It must, further, be borne in mind that the broad principle is that an injured witness was present at the time when the incident happened and that ordinarily such a witness would not tell a lie as to the actual assailants, but there is no presumption or any basis for assuming that the statement of such a witness is always correct or without any embellishment or exaggeration."

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Having due regard in our mind to the above-mentioned settled position in law, we have assessed the entire material on record meticulously."

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Reverting back to the case in hand, the allegations against

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the accused are that he committed repeated penetrative sexual assault upon his minor daughter, i.e. victim ‘V’. Therefore, the evidence of the prosecution, more particularly the testimony of victim, has to be scrutinized in the light of the law laid down by the Hon’ble Supreme Court.

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PW-1, who is the eldest daughter of the accused, deposed that she got married in the year 2012 and they were three sisters and one brother. Her mother died in the year 2001 and thereafter they were living with her father who was working as painter. Her younger sister (victim ‘V’) was 18 years old, youngest sister ‘S’ (PW-3) was 15 years old and brother was 17 years old. Her father used to beat them. In the month of March, 2013 her youngest sister ‘S’ was admitted in the

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Ayurveda Hospital at Solan and victim ‘V’ was staying with her, who told her that her father committed rape with her and when they visited the hospital, her youngest sister ‘S’ also told them that her father had committed rape with her and thereafter her sister ‘S’ was taken home and then they went to the Police Post Saproon, where victim ‘V’ lodged the complaint.

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Similarly, PW-3 ‘S’, who is the youngest sister of victim ‘V’, deposed that she was studying in 7^th class and in the year 2013, she was residing with her father at village ‘S’. On 8.01.2013 and 10.03.2013, her father committed rape with her and she disclosed this fact to her eldest sister (PW-1) in month of March, 2013 at Ayurveda Hospital, Solan. On 18.03.2013, when she was discharged from the hospital, her father took her to home, where he again committed rape upon her during night time and thereafter on 19.03.2013 she went to school and then she went to the house of her sister at village ‘G’. She disclosed this fact to her sisters and then her elder sister, i.e. victim ‘V’ told that the accused had also committed rape with her. Thereafter, they went to Police Chowki, Saproon and lodged the report. Her statement was recorded by the police and her medical was got conducted. She further deposed that the accused after committing rape, used to threaten her not to disclose this fact to anyone.

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Victim ‘V’, while appearing in the witness-box as PW-9,

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deposed that her mother had died in the year 2001 and she alongwith her elder sister PW-1, younger sister ‘S’ (PW-3) and brother (PW-6) were residing with their father. In the year 2009, they were residing at village ‘D’ in the house of Narender Kumar and her elder sister was married to Sanju in the year 2012. She further deposed that her father was working as painter and she alongwith her younger sister and brother were school going and during their stay in the house of Narender Kumar in the year 2009, one night, she did not remember the date and month, her father forcibly raped her and threatened her not to disclose the incident to any person, otherwise he would do away with her life. Due to threatening, she did not disclose the incident to any person and thereafter they shifted to the house of Rajinder Singh at village ‘A’ as tenant, where also, she was raped by the accused during one night and he again threatened her to do away with her life in case she disclosed the incident to any person. So due to the fear, she did not disclose the incident to anybody. Perhaps, it was during March, 2013, she went to the house of her elder sister and on 12.03.2013, her younger sister ‘S’ was admitted in Ayurvedic Hospital at Solan, so she alongwith her elder sister and her sister-in-law visited her sister ‘S’, who disclosed her that she was also raped by the accused and he threatened to kill her in case she disclosed the occurrence to any person. Her sister ‘S’ was discharged from the hospital on 16.03.2013 thereafter she was taken by

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her brother to the house of her elder sister. They disclosed the rape committed by the accused upon her and her sister ‘S’ to their elder sister and thereafter they visited the police post, Saproon on 19.03.2013 and lodged complaint Ex.PW9/A to the police.

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We have carefully scrutinized the entire evidence on record. Victim ‘V’ has clearly deposed that in the year 2009, one night, her father forcibly raped her and threatened her not to disclose the incident to any person, otherwise he would do away with her life. Due to threatening, she did not disclose the incident to any person and thereafter they shifted to the house of Rajinder Singh at village ‘A’ as tenant, where also, she was raped by the accused during one night and he again threatened her to do away with her life in case she disclosed the incident to any person and due to the fear, she did not disclose the incident to anybody. She was cross-examined at length by the learned defence counsel, however, nothing favourable could be elicited from her lengthy cross-examination. The version of victim ‘V’ is corroborated by the statements of her elder sister (PW-1), PW-2 Sangeeta and her younger sister ‘S’ (PW-3) and, as such, her statement as referred to above is clear, consistent and categorical not only with regard to criminality committed by the appellant upon her, but also regarding the manner of occurrence. There is nothing on record on the basis of which credibility of the victim could be doubted or to disbelieve her statement,

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referred to above. The statement of victim ‘V’ is quite natural and confidence inspiring. From her statement, it is quite apparent that she preferred to keep silent when she was sexually assaulted by the accused being her father and also out of fear , but when she came to know that the accused had been sexually subjecting her younger sister ‘S’ also, she also opened up and disclosed the incident and thereafter the matter was brought to the notice of her elder sister (PW-1) and then to the police.

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The POCSO Act, 2012 is a special enactment brought in to effect with the intention to secure the freedom and dignity of tender aged children and from protecting their childhood and youth against exploitation and abuse, by providing all safeguards for their proper development in a healthy manner, also to ensure their right of privacy and confidentiality and to safeguard their best interest and well being for all round development in the society.

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The Act enables the special court to presume that the accused has committed the offence in question unless the contrary is proved by him. This presumption under Section 29 of the Act operates once the prosecution is successful in placing sufficient material to prove commission of the offence under Sections 3, 5, 7 and Section 9 of the Act. When once the Special Court presumes commission of any of these offences by the accused, it is for him to rebut the same. No doubt the

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accused can rebut the presumption by shattering the version of prosecution witnesses during cross examination or by demonstrating before the court that the version of the prosecution is not probable, either by stepping in to the witness box or by examining any witness or by placing any material in support of his defence. The evidence led by the prosecution clearly discloses the commission of the offence by the accused punishable under Section 6 of the POCSO Act.

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The learned counsel for the accused-appellant contended that he has falsely been implicated by his daughters. The appellant has taken plea in his statement under Section 313, Cr.P.C that his daughter victim ‘V’ wanted to perform marriage against his wishes and therefore, his younger daughter ‘S’ connived with her elder sister victim ‘V’ to falsely implicate him and she performed marriage after his arrest. Therefore, the onus shifts upon him to prove such fact. However, he has not produced any evidence in his defence to support his version. Neither any material has been brought on record by the accused, nor any witness has been examined in his defence to rebut the presumption under Section 29 of the POCSO Act. It is hard to accept the contention of appellant/accused that his younger daughter ‘S’ connived with her elder sister victim ‘V’ to get him falsely implicated as she wanted to perform marriage against his wishes. Victim ‘V’ had clearly stated that during their stay in the house of Narender Kumar as tenant, the accused

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had committed rape upon her during one night in the year 2009 and also threatened her not to disclose the matter to anyone. She also deposed that thereafter when they shifted to the house of one Rajinder Singh, she was raped by the accused and he again threatened her to do away with her life in case she disclosed the incident to any person. There is no reason for victim to give false evidence against her own father. Moreover, it has come in evidence that the accused had committed aggravated penetrative sexual assault on his younger daughter ‘S’ also. In our opinion, no daughter can be expected to lodge a false criminal case for offence of rape against her own father. Court cannot ignore the trauma undergone by her by such inhuman act. The victim ought to have undergone lot of mental agony and shock by this act of accused.

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Section 6 of the POCSO Act as it stood before the amendment by Act No.29 of 2019, provided for rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also fine. The trial Court imposed sentence on the accused for the offence punishable under Section 6 of the POCSO Act to undergo imprisonment for life with fine of Rs.50,000/and he was also sentenced to undergo imprisonment for a term of two years for commission of the offence punishable under Section 506 of IPC.

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From the aforesaid discussion and analysis, it is found to be proved beyond reasonable doubt that the appellant committed aggravated penetrative sexual assault upon victim ‘V’, who is his own minor daughter. The appellant is a father to three daughters and these unfortunate daughters were already deprived of their mother. The father is supposed to protect the dignity and honour of his daughter but to gratify his lust,he committed rape upon his own minor daughter repeatedly. There cannot be more serious crime than a rape of a minor child and such an offence assumes a degree of severity when committed by none else than the father of the victim. Considering the overall facts and circumstances of the case, we are of the view that there is no illegality, perversity and infirmity in the impugned judgment of conviction and the order of sentence passed by the learned trial Court, which otherwise have been passed on proper appreciation of evidence as well as the law, as such, the same are upheld. Accordingly, the present appeal is dismissed.

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Pending miscellaneous application(s), if any shall also stand disposed of.

Bhanei Prasad Alias Raju Prasad v. State of Hp

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Bhanei Prasad Alias Raju Prasad v. State of Hp

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