PINKI Vs. BHEEMA AND ORS.

JUDGEMENT

(1.) THE present petition lays challenge to judgment dated 27.8.2008 passed by the Sessions Judge, Patiala whereby the accused have been acquitted of the offence punishable under Section 376 of the Indian Penal Code(in short "IPC").

(2.) THE facts noticed from the judgment of the trial Court are that on 17.11.2014, the prosecutrix (name kept secret) aged about 14 years submitted an application to the Senior Superintendent of Police, Patiala that on instigation of Pala Singh, Kamo wife of Sanjiv Kumar called her to some place, locked her inside a room where Bheema raped her about 05 months ago. Bheema, Kamo and Saroj had been pressurizing her to keep quite otherwise she would face dire consequences. She is now pregnant by five months from accused Bheema. Formal FIR was registered and investigation was started. Bheema was arrested on 19.11.2004 and got medico legally examined. Matriculation certificate of the prosecutrix was taken into possession and as per the certificate, her age was 14 years and 06 months at the time of occurrence. Ossification test of the prosecutrix was got conducted from Rajindra Hospital, Patiala. Statements of the witnesses were recorded.

(3.) ON completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short "Cr.P.C.") was submitted against accused Bheema alone. After due compliance with the provisions of Section 207 Cr.P.C., the case was committed to the Court of Sessions. Bheema was charged for committing offence punishable under Section 376 IPC to which he pleaded not guilty and claimed trial.