STATE OF HP Vs. VARINDER SINGH

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 26.5.1996, accused were put to trial. In terms of judgment dated 23.2.1999 passed by learned Addl. Sessions Judge-II, Kangra at Dharamshala, in Sessions Case No.11- P/1997, titled as State of H.P. vs. Varinder Singh & Ors., the accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that on 26.5.1996, the prosecutrix (PW-3) was sleeping along with her two daughters in the first floor of the house taken by her on rent at village Moondhi. At about 10.30 P.M. the accused persons opened the iron chain (Sangli) of the main door of the house which was on the ground floor and entered the house with an intention to commit rape on the prosecutrix. Accused Mohinder Singh and Varinder Singh entered the room on the 1st floor where the prosecutrix was sleeping whereas accused Daljit Singh sat near the staircase leading to the 1st floor. On the asking of accused Mohinder Singh accused Varinder Singh gagged the mouth of the prosecutrix with her dupatta and caught her shoulder. Then co-accused Mohinder Singh tore her shirt and after removing her salwar committed rape on her. Thereafter, accused Mohinder Singh caught hold of the prosecutrix and accused Varinder Singh raped her. At the end prosecutrix was again raped by accused Mohinder Singh. The prosecutrix was able to identify both the accused persons in the light of the torch. She also noticed the presence of accused Daljit Singh. She was threatened by accused Varinder Singh not to disclose the incident to anybody or else she would be killed. After the accused had left, the prosecutrix fell unconscious and woke up only in the morning of 27.5.1996 at about 5.00 a.m. when she felt acute pain in her abdomen. However for the whole day she remained at home and only on 28.5.1996 did she visit the house of her neighbour Smt. Amarjeet Kaur to whom the incident was narrated by her. She also requested her for some money for treatment which was not given to her. Consequently she went back to her house and it was only on 29.5.1996 that husband of Smt. Amarjeet Kaur took her for medical treatment to Dr. Baldev a private Doctor at village Thural. On the same day she returned to her house and narrated the incident to her brother Sh. Rajinder Singh (PW-5) and nephew Sh. Anil Kumar who happened to visit her. The said persons informed her father Sh. Parmeshwari Dass (PW-4) who visited her on 30.5.1996. She also narrated the incident to him. Both PW-3 & PW-4 visited the Police Station and lodged report (Ext.PW-8/A) on the basis of which F.I.R. dated 30.5.1996 (Ext.PW-6/A) was registered with Police Station Palampur. The prosecutrix was got medically examined by Dr. Veena Sharma (PW-1) who issued medical certificate (Ext.PW-1/C) and after considering the report of the Chemical Examiner (Ext.PW-1/B) gave her final opinion (Ext.PW- 1/D). The clothes of the prosecutrix were taken into possession vide memo (Ext.PW-3/A). The accused persons were also got medically examined.

(3.) With the completion of the investigation the challan was presented in the Court for trial. The accused persons were charged for having committed an offence punishable under Sections 456, 376 read with Section 34 IPC to which they did not plead guilty and claimed trial. To prove its case the prosecution examined 11 witnesses. Statement of the accused under Section 313 Cr.PC was also recorded and in defence they also examined two witnesses.