STATE OF H.P. Vs. AMAR SINGH

JUDGEMENT

(1.) THE present criminal appeal has come -up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 1.9.1998, passed by learned Sessions Judge, Shimla, H.P. in Sessions Trial No. 26 -S/7 of 1997, acquitting the respondent -accused for the offence, under Section 376 of the Indian Penal Code.

(2.) THE prosecution case is that victim/prosecutrix (name not given), aged about 19 years, while returning from type -writing Institute on 5.6.1996 on way to her village, when reached near Electricity Tower, at a place called Van Vihar Park, she noticed a young man, not familiar to her earlier, was following her and the man quickened his pace and overtook the girl and caught her by her arms and dragged the victim/prosecutrix to the lower side of the road into the bushes. During such dragging, victim/prosecutrix slipped on the pine needles and had received scratches on her back and near chest and after being dragged for about 100 yards from the road edge, the respondent -accused after removing her Salwar committed sexual assault and he remained there for 2 -3 minutes and then the victim/prosecutrix adjusted her clothes and started moving in the direction of the road. As soon as she reached at the road, she saw her cousin Narinder (son of sister of her father) coming from Shimla side. She told her cousin about the incident. Her cousin chased that man in order to apprehend him but the man disappeared in the forest, however, the girl then went to Police Post, Summer Hill and lodged the report in the form of a statement, under Section 154 Cr.P.C.. Accordingly, FIR No. 103 of 1996 was lodged and girl was medically examined on the same day around 6.45 P.M. Next day, the police visited the spot and found the Clip of the prosecutrix lying there which had fallen from the hair of the prosecutrix at the time when crime was committed against her. According to the description given by the victim/prosecutrix, the respondent -accused aged about 24 -25 years was of dark complexioned, wearing grey coloured pant, Mehandi coloured T -shirt and V -shaved chappal and had a mark of cut injury near one of his elbows. After investigation, respondent -accused was charged for the aforesaid offence and was tried and the case was committed to Sessions Court.

(3.) VICTIM /prosecutrix was medically examined by PW -6 Dr. S. Kumar, Medical Officer, Ripon Hospital, Shimla and on examination he noted following injuries and given opinion as below: