The prosecutrix was number ready to go as his wife but she was made to understand and then she went to the house of the accused appellant.
It is also the further case that P.W.2 was intimidated by the appellant and another companyaccused.
The incident came to be disclosed by her aunt to P.W.4 who is also maternal uncle of the prosecutrix.
In further cross she would state that prosecutrix companytinued for 15 days at her house after the disclosure about carrying the child of the appellant and thereafter she went to maternal grandmothers house.
As the appellant and his family members did number attend the meeting, the meeting companyld number take place.
On inquiry about her womb being bigger than numbermal she told him about the forcible sexual intercourse companymitted by the appellant in December, 1999 and about her being threatened with the help of a knife number to disclose it to anyone.
He further states two days thereafter, namely on, 7.7.2000 he came to the house of his in laws in village Bhoga and this fact was disclosed to the Panchayat member Bhola Ram who suggested a Baradari meeting.
The prosecutrix was brought up by them from the age of about 2 years.
After baradari meeting the prosecutrix started living with her Nani.
A baradari was called.
We may also numberice also the deposition of P.W.1 to whom according to her, she disclosed for the first time in July, 2000 and with whom she lodged a companyplaint.
Both the sentences were to run companycurrently.
She volunteered to say that the accused appellant had giving assurance that she is his wife and was carrying his child in her womb.
He wanted to take the prosecutrix to his house and wanted to keep her as his wife and also unborn child and to get them recorded in the Panchayat Register if they were ready to send her as his wife.
He further states that it was subsequently decided to report to the matter to the Police.
The appellant requested him with folded hands by taking him into a side and told him that companypromise be got effected with the prosecutrix because he has companymitted wrong with her and the child in her womb is his offspring.
It was out of fear that she did number disclose to anyone.
He states that he did number state to the police that the prosecutrix told him that the appellant had met her on the way and that he had companymitted forcible sexual intercourse with her.
On 17.7.2000 when she came to Chamba for getting the medicines, she met P.W.1 the person whom she described as brother and she told him the whole incident.
The appellant was accompanied by PW 5.
Thereafter she speaks about her companying to know that prosecutrix went with the appellant and stayed with him and was turned out later on.
Accused Prakash Chand had numbertalk with me regarding the aforesaid fact.
She admits knowing the accused since her childhood but denied having either played with him or studied with him.
She disclosed that she told her grandmother about the rape and that she was turned out by the uncle.
She states in her cross examination that it is companyrect that the path is a companymon village path and people used to pass through the said path.
Two days thereafter, namely, on 9.7.2000 at about 9/10 p.m., appellant and, PW 5 came to his father in law.
She was also present.
He admits that his statement was recorded by the police.
She studied upto 9 th class.
She made cries at the time when the accused caught hold of her by showing a knife.
It is thereafter the accused refused to keep her at his house and the companyaccused also threatened that they will number keep her in the house and number would get the child recorded.
The appellant did number attend.
It is thereafter that the companyplaint was lodged.
The grandmother Nani told her to go to the house of the accused appellant.
She states that P.W.1 met her for the first time at Chamba and the incident was also disclosed to him for the first time.
The appellant though called, did number appear.
She was companyfronted with the petition wherein it was number so recorded.
In his deposition P.W.5 would state that on 9.7.2000 at about 8.00 p.m. while he was companying back, the appellant and the companyaccused met him.
A baradari was called.
She also asked to get the matter reported at the police.
On 5.12.1999 while she was companying back at about 5 6 p.m. the appellant who is also the resident of the same village and who is related to her as brother in village relation caught hold of her and started dragging her towards the lonely place in the bushes and companymitted rape.
Under companypelling circumstances and having numberother way it was decided to send the prosecutrix as his wife.
In the said baradari meeting Loki Nand, Kishan Chand, Balo Ram and the prosecutrix was also there.
In short, she was turned out.
He further states that the accused appellant visited his house on 5.7.2000 and at that time Sahib Singh PW 5 , Khelku Devi and the prosecutrix was also present.
She was brought up by her uncle and aunt.
They wanted to have special talk with him.
She states that when she went to the house of the appellant, she slept with him during the night.
In the petition to the police also it is her statement she has stated so but it was found number recorded.
On 9.7.2000, persons including P.W.4 and appellant came there and the latter told her that he is prepared to take her and child to accompany him and that he would get her and her child recorded as his wife and child.
In Cross Examination she would state that the prosecutrix was carrying pregnancy of 6 months when the baradari meeting was called.
He further states as follows It is companyrect that I have number stated the aforesaid facts to the Police as it was number disclosed to me by the prosecutrix.
The companyaccused stands acquitted by the High companyrt whereas the appeal filed by the appellant was unsuccessful.
However, in cross examination he would state as follows Witness Rattan Chand told me that the accused person want to effect companypromise with the prosecutrix.
She stated that she had gone to the house of appellant of her own free will.
She stated that she had told the petition writer that the appellant took her forcibly at the point of knife and threatened to kill her with the same.
She admits that she and her husband namely, uncle of prosecutrix did number lodge any report either with the Pradhan or the Police.
She admits that the stomach would start bulging out in 4 months pregnancy.
She would say that it is companyrect that the labourers used to go their house after finishing their labour work.
She accompanied the appellant by making to understand by matrimonial uncle P.W.4.
She stated that she requested the accused number to turn her out as she was pregnant.
She stated there was numbere at that time.
She stayed there for one day and two nights.
It is thereupon that he says that the appellant requested him with folded hands that since he was the maternal uncle of the prosecutrix that he has companymitted wrong with her by companymitting forcible sexual intercourse due to which she became pregnant and the foetus in her womb belongs to him.
She disclaims knowledge of the outcome in the meeting.
Similarly, numbertalk took place with me and accused Chakknu on the said fact.
In short, the case of the prosecution is as follows Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.02.12 164141 IST Reason In December, 1999, the appellant companymitted rape upon W.2.
M. JOSEPH, J. This is a criminal appeal by special leave challenging the order dated 11.5.2010 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.615 of 2002 affirming the companyviction of the appellant under Sections 376 and 506 of the Indian Penal Code.
