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The brief facts of the case, as noticed by the Trial Court in para 2 of its judgment, are as under:-

"2. Brief facts of the case are that Harjinder Kaur, prosecutrix, PW3, is a resident of village Vallah. She has two brothers and one sister. She used to remain ill. She went to the accused belonging to he village. The accused practices medicine and witch craft. He has also established a worship place in his house. On seeing the prosecutrix, he stated that she was under the influence of some evil spirit and that if she started coming to him, she would be cured. Thereafter, the prosecutrix started going to the accused daily for her treatment. Manjit Kaur wife of the accused had undergone four/five operations and continued to be ill. The prosecutrix started cooking food in the house of the accused. About 10 or 11 days before 15.6.1998, the prosecutrix was sleeping in the compound of the house of the accused, who dragged her inside a room, put a piece of cloth in her mouth, put off her salwar and had sexual intercourse with her forcibly. The prosecutrix tried to get rid of the accused but without any result. After committing rape, the accused threatened the prosecutrix that if she disclosed the incident to anybody, he would kill her father and brother through witch craft. The prosecutrix kept silent for fear of that threat and the accused continued raping her. When the accused started harassing the prosecutrix more, she disclosed the entire episode to her mother."

After hearing the learned counsel for the parties, I am of the opinion that the instant appeal deserves dismissal.

The present case relates to an offence under Section 376 IPC. As per prosecutrix PW3, appellant belonged to their village and was practicing Witch Craft. The mother of the prosecutrix had taken her to the appellant for treatment. Initially, the prosecutrix was cured but later on, she got sick. The prosecutrix used to go to the house of the appellant daily for treatment. The wife of the appellant remained ill and so the prosecutrix started cooking meals in the house of the appellant. On the day of occurrence, prosecutrix was sleeping in the compound of the house of the appellant. The appellant took the prosecutrix forcibly in his room and committed rape on her person. Prosecutrix was threatened by the appellant that he would kill her parents and her brother with the help of his witch craft. Prosecutrix remained mum out of fear and the appellant continued committing rape on her person. Prosecutrix narrated the story to her mother as she had got pregnant. The appellant made the prosecutrix to undergo an abortion.

The testimony of the prosecutrix being natural inspire confidence. Prosecutrix had no reason to falsely involve the appellant in this case. The prosecutrix has withstood the test of cross-examination. The present case relates to unfortunate event wherein the prosecutrix, who was a young girl, has been raped by the appellant who was a married man and was aged about 42 years. The appellant who was allegedly practicing Witch Craft had taken advantage of the said fact and has committed rape on the person of the prosecutrix who had been coming to his house for treatment. From the prosecution evidence, it transpires that the wife of the appellant was not feeling well and,therefore, the prosecutrix started cooking meals in the house of the appellant and the appellant took advantage of the said fact. The appellant is guilty of commission of serious offence. Of late crime against woman in general and rape in particular is on the rise. It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. A rapist not only violates the victim's privacy and personal integrity, but inevitably causes a serious psychological as well as physical harm in the process. Rape is not merely a physical assault, it is often destructive of the whole personality of the victim. A rapist degrades the very soul of the helpless woman. The Courts are,therefore, required to deal with cases of rape with utmost sensitivity. If the evidence of the prosecutrix inspires confidence it must be relied upon without seeking corroboration of her statement in material particulars.