Hon'ble Judges/Coram:
V.S. Sirpurkar and R.M. Lodha

JUDGMENT

R.M. Lodha, J.

1. Rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely assault - it is often destructive of the whole personality of the victim. The murderer destroys the physical body of his victim. Rapist degrades the very soul of the helpless female. State of Punjab v. Gurmit Singh and Ors.   MANU/SC/0366/1996 : 1996CriLJ1728

2. First, a brief reference to the prosecution case. The prosecutrix (name with-held by us), a young girl about 18 years of age, was staying with her parents in village Kothi, district Bilaspur, (H.P.). The accused, Rajinder@Raju, resident of village Duhak, district Bilaspur, had taken contract for laying G.I. Pipelines in village Kothi near the residence of the prosecutrix. In that connection, he used to store his material in the house of prosecutrix' parents. On January 16, 1996, prosecutrix had some throat pain. When the accused came to the house of the prosecutrix and came to know that the prosecutrix has been suffering from throat pain, he suggested to the mother of the prosecutrix that his cousin at Ghumarwin was a doctor and if permitted, he could show the prosecutrix to his cousin. The mother of the prosecutrix agreed. The accused took the prosecutrix on his scooter at about 3.00 P.M. Instead of taking the prosecutrix to Ghumarwin, he took her to Jablu stating that he had to collect the rent from his tenants. From Jablu, the accused took prosecutrix to Berthin. The accused reached Berthin at about 8.00 - 8.30 P.M. alongwith the prosecutrix. At Berthin, the accused bought some sweets and told the prosecutrix that he would take her to his house as it was dark. The accused instead of taking her to his house, took the scooter to some kachha road and made her to get down from the scooter. After spreading his pattu on the ground and gagging the prosecutrix mouth made her lie down; untied her salwar and committed the sexual intercourse with her forcibly. The accused then left her leaving behind his pattu and torch.........