CHAMAN LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant challenges his conviction of offences under Sections 376, 511, 506 and 323 of the Indian Penal Code.

(2.) THE prosecution case in brief is that F.I.R. Ext.PW1/A was lodged by the prosecutrix PW1 (name withheld) on 15.7.2008 at Police Station Dharampur where she went along with her mother Smt. Kamleshwari (PW5), father Surinder Singh, Ward Member Smt. Kaushlaya Devi (PW3), Sh. Dinesh Kumar, Pradhan Gram Panchayat, Kumarhati and reported that she was a student of Middle School, Gamjhoon, Subathu. When she was returning home from school on 14.7.2008 at around 4 p.m, the accused who had concealed himself behind the bushes and had followed her for some distance, gagged her mouth and dragged her behind the bushes. She was threatened that in case alarm was raised he would kill her. The accused thereafter tried to un -tie the salwar cord but she kicked him. The accused tried to open button of her shirt from the breast on which she gave bite on his right hand and raised an alarm. On this, the children accompanying her raised an alarm and some people rushed to the spot whereupon the accused ran away. She was taken to her house by the witnesses where she narrated these facts to her parents.

(3.) ON 14.7.2008 she was walking back to her house after attending school along with her friends. When they crossed a temple on the way near her house, the accused who had concealed himself in the bushes, asked them as to whether the water in the 'Bawri' (water source) is fit for drinking. She replied it was so. He drank some water and started walking with the prosecutrix. He asked for paper from her note book which she supplied. Thereafter he dragged her and tried to open her salwar as also to unbutton her shirt. She resisted him, kicked and bit him on his right hand. Her friends accompanying raised an alarm whereupon other people came to the spot and rescued her from his clutches. This is the purport of the statement made by the prosecutrix and is pivotal and fundamental to the decision of the entire case. The other evidence relates to the narration of the facts to her parents as also subsequent follow up action taken by the police including the medical examination.