SADA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Since these four revision petitions arise out of the order dated 3.3.2000 passed by the learned Addl. Sessions Judge, Solan, in Sessions Trial No. NL/7 of 2000, titled State versus Hari Ram & others therefore, are disposed of by a common order. The relevant facts, briefly stated, are that Kumari Phullan Devi, a student of 4th class, aged about 9 to 12 years, was taken by accused Hari Ram, a teacher to Primary School, Nand to attend the tournament there. On 6.10.1999 at about 7 P.M. the said accused took Kumari Phullan Devi to a lonely room of the house where the participants in the tournament were staying and subjected her to forcible sexual intercourse and further threatened her to beat in case she narrated the occurrence to anyone. After the occurrence, Kumari Phullan Devi met Veena Chauhan (accused -petitioner in Criminal Revision No. 37/2000 and referred to as accused hereafter) and narrated the occurrence to her and also to accused Sarwan Singh (accused -petitioner in Criminal Revision No.38/2000 and reterred to as accused hereafter). Accused Veena Chauhan and Sarwan Singh assured Phullan Devi that they would take action against accused Hari Ram. Thereafter the occurrence was narrated by the prosecutrix to her friends Reena, Pushpa and also to accused Raj Kumari and Jasbir (petitioner -accused in Criminal Revision No. 36/2000). Accused Jasbir and Raj Kumari also assured the prosecutrix Phullan Devi that they would inquire about the matter from accused Hari Ram. Accused Raj Kumari asked the prosecutrix to wash her clothes. Nothing happened in the matter at the behest of the accused petitioners and the matter was subsequently brought to the notice of the mother of the prosecutrix and as a result, the occurrence was reported to the police vide statement of the prosecutrix under Section 154 Cr. P.C. recorded by the officer incharge, Police Station, Nalagarh. Since the occurrence took place within the jurisdiction of Police Station, Ram Shahar, therefore, the said statement was forwarded to Police Station, Ram Shahar where a formal FIR No.42/1999 dated 11.10.1999 under Sections 376,201,176 IPC was registered.

(2.) On conclusion of the investigation and on being satisfied of the commission of offences punishable under Section 376,201,176 and 506 IPC, the officer incharge, Police Station, Ram Shahar forwarded a charge sheet against the accused persons including the accused - petitioners to the concerned Court.

(3.) The case, on assignment, is now pending in the Court of the learned Addl. Sessions Judge, Solan for disposal.