STATE OF H.P. Vs. BANSI LAL

JUDGEMENT

(1.) The State has appealed against the judgment dated 15.11.1997 of learned Sessions Judge, Kinnaur, whereby Respondent Bansi Lal, who was charged with and tried for offences under Ss. 328, 376 and 307 of the Indian Penal Code, has been acquitted.

(2.) The case against the Respondent was registered on the basis of statement Ext. PW -2/A made by Daulat Ram (PW -2), the father of the prosecutrix. As per this statement, the prosecutrix examined as PW -1, was 13 years old, when she was admitted in 6th Standard in Government School, where the Respondent was employed as a Teacher. The Respondent fell in love and intimacy with the prosecutrix as a result of which she conceived, but the pregnancy was got terminated by the Respondent. A compensation of Rs. 20,000/ - was paid by the Respondent to the prosecutrix for his aforesaid criminal and immoral act. Thereafter, the Respondent again developed physical relations with the prosecutrix. She again conceived. When she was carrying eight months' pregnancy, she was administered some medicine as a result of which miscarriage took place and foetus was buried. Stray dogs, however, dug out the foetus and brought it to the village. All the girls of the village were medically examined. Medical examination showed that Kala Devi had delivered the child. This happened on 19.12.1994. On 20.12.1994, Daulat Ram (PW -2), father of the prosecutrix, received a letter through PW -11 Surjeet Singh, a lad of 15 or 16 years. The letter was delivered to the boy by the prosecutrix. Letter is Ext. PW -1/A. In this letter addressed to her parents, the prosecutrix wrote that she had consumed poison and the Respondent was responsible for taking this step because when she went to his house, he did not allow her to stay there and wanted her to leave on the pretext that he was sick. The prosecutrix was rushed to the hospital at Rampur where she was given first aid. Thereafter, she was treated and was detoxicated.

(3.) Trial Court has acquitted the Respondent holding that the prosecutrix had crossed the age of 16 when the alleged miscarriage took place and that the evidence indicated that she was a consenting party to the act of sexual intercourse.