STATE OF H P Vs. VIDYA KIRTI

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Additional Sessions Judge, Shimla in Sessions trial No. 38-K/7 of 1993 dated 20.8.1994 whereby she acquitted the accused of having committed offence punishable under Section 376 of the Indian Penal Code.

(2.) The prosecution case is that prosecutrix as well as the accused belong to village Telangi. The village deity of village Telangi had been taken to village Kothi and on 7th July, 1992 was returning from Kothi to village Telangi. A number of villagers, at least one member from each family from the village had gone to village Kothi to escort the deity back to village Telangi. About 70 to 100 people were present there. The prosecutrix was also watching the procession of the deity being brought back. She was accompanied by one lady Smt. Chhosham.

(3.) According to the prosecution the accused came there and told the prosecutrix that he wanted to tell her something. When she had gone with him for 2-3 yards he dragged her about 70-80 yards away and had forcible sexual intercourse with her. Then the accused and the prosecutrix went to the water channel (kuhal) where another girl Km. Gian Bhagti and another person Losang met them and then the prosecutrix narrated the entire incident to Gian Bharti. Then the accused ran away. The prosecutrix thereafter returned to her house and narrated the incident to her sister-in- law Smt. Sati. Then the family members of the prosecutrix including her brother and sister-in-law approached the family members of the accused so that the accused and the prosecutrix could be got married. Initially the family member of the accused agreed to the proposal but later they refused and therefore, the F.I.R was lodged after four days on 11th July, 1992. The prosecutrix was got medically examined. Her clothes were sent for medical examination. Other investigation was done and challan was filed against the accused. He was charged with having committed an offence punishable under Section 376 IPC. The accused pleaded not guilty and claimed trial. After trial, he has been acquitted. Hence, the present appeal by the State.