Indian Penal Code - Section 376 - Rape - Promise to marriage

 Ramesh Kumar Vs State of HP 07.09.2010

Cr. Appeal No. 445 of 2003

Hon’ble Mr. Jus­tice VK Ahuja, Judge.

Indian Penal Code — Sec­tion 376 — rape — A perusal of state­ment of pros­ecutrix as PW-1 shows that occur­rence had taken place on 2.12.2001 — It has come up in state­ment of PW-1 that appel­lant used to visit her house and stay there and spe­cific dates were sug­gested in regard to vis­its of appel­lant to house of pros­ecutrix as 9.11.2001, 24.11.2001, 15.12.2001, 14.12.2001 and 3.1.2002 and pros­ecutrix had admit­ted that appel­lant used to visit their house and stayed there even after inci­dent — This clearly shows that appel­lant was known to pros­ecutrix, was already engaged to pros­ecutrix and mar­riage was likely to take place in near future — There­fore, there is noth­ing to sug­gest that appel­lant had forcibly tres­passed into house of pros­ecutrix — state­ment of sis­ter of pros­ecutrix, namely, PW-2 Nisha Kumari also shows that accused came to their house for din­ner, which was pre­pared and served to him and there­after, this occur­rence took place — This clearly shows that there was no occa­sion for wrong­ful tres­pass by appel­lant to house of pros­ecutrix — Though par­ents of pros­ecutrix had learnt about occur­rence, but still FIR was not lodged imme­di­ately, which was lodged on 3.3.2002 — pros­ecutrix alleged that she was given threat, but no threat had been given to PW-2 Nisha Kumari, younger sis­ter of pros­ecutrix, who did not lodge any report or made any com­plaint to her par­ents — Num­ber of vis­its as admit­ted by pros­ecutrix in her state­ment clearly shows that appel­lant was a fre­quent vis­i­tor to their house since she was already engaged to appel­lant — State­ment of PW-2 Nisha Kumari, younger sis­ter of pros­ecutrix, also sug­gests that she learnt about occur­rence, but did not nar­rate inci­dent to her par­ents — State­ment of PW-3 Smt — Sant Kali, mother of pros­ecutrix and PW-4 Prem Lal, clearly shows that they had learnt about occur­rence after 1½ month, but still no report was lodged -

Indian Penal Code - Section 376 - Rape - Promise to marriage