STATE OF H.P. Vs. RANVIR CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 25th October, 1997, of learned Sessions Court, whereby respondent Ranvir Chand, who was tried for offence, under Section 376 of the Indian Penal Code, for allegedly committing rape on the prosecutrix, examined as PW -2, has been acquitted.

(2.) CASE of the prosecution, as per record, is like this. Prosecutrix (PW -2) used to learn tailoring at a place, which was away from her village. On 6th October, 1994, around 4 p.m., when she was returning home, after learning the skill and was crossing a jungle that fell between her house and the tailoring centre, the respondent, who was hiding in the bushes, overpowered her, dragged her to the bushes by the side of the path and committed rape on her. Two other boys, named Inderjit and Jagdish, where also spotted near the scene of occurrence. They allegedly threatened the prosecutrix that she should not be disclosing to anybody the act of commission of offence against her, otherwise she will be done to death. Prosecutrix, on reaching home, informed her mother PW -3 Jayawanti. Father of the prosecutrix was not at home that evening, as he had gone to some other village to perform some religious rites, as he is a priest by occupation. Next morning, Om Prakash, a brother of the prosecutrix, went to inform his father, namely PW -4 Prem Dutt, who returned home the same evening.

(3.) PROSECUTRIX was got medically examined. PW -13 Dr. Savita Sharma conducted medico legal examination. She found that the prosecutrix had been having ruptured hymen, with swollen red edges, indicating that she had been subjected to sexual intercourse in recent past. Police also collected evidence, with regard to the age of the prosecutrix, in the form of school record and entry in the Pariwar register. Her date of birth, as per record, was 8th January, 1979. Skeletal age was determined by Dr. G. Narag (PW -1). According to his report, Ex.PA, the prosecutrix was between 17 and 19 years of age. Respondents own age was 16 or 17 years, at the relevant time, per his medico legal report Ex. PP and the memorandum of identification drawn by the police at the time of his arrest.