STATE OF H.P Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 20.8.1999 delivered by the Learned Sessions Judge, Kinnaur Session Division at Rampur Bushahar in Sessions Trial No.17 of 1996 whereby he acquitted the accused of having committed offences punishable under Whether the reporters of the local papers may be allowed to see the Judgment?Yes Sections 120-B, 342, 376(G) read with Section 34 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that on 7.6.1994 the prosecutrix made a written complaint, Ext.PA to the Superintendent of Police, Kinnaur at Reckong Peo. In this complaint, it was alleged that on 25.5.1994 on the occasion of Budha Jayanti, the prosecutrix came to Peo to attend the fair. At about 6.30 p.m., she met Dev Raj who is her brother in relationship. She requested Dev Raj to give her a bag since she wanted to visit her house at Sairi Majali. Dev Raj left but did not return for quite some time. In the meantime, the prosecutrix kept sitting in the hotel. Thereafter, Baldev, resident of village Baldangi came and told her that Dev Raj is not likely to return and she should go to her house. At that time, accused No.5 Govinder was present there and stated that he is going to the house of his maternal grandmother in village Powari and, therefore, she accompanied him as her village Khawangi fell on the way.

(3.) AFTER sometime, they met accused No.2 Billu of village Khawangi. He told the prosecutrix that he would take her to the house of his uncle where there would be no danger to her since his sister was also staying there. Since the prosecutrix was scared, she agreed to go with him. He then took her to a lonely place located outside the 'abadi' of village Khawangi. There was only one house. When Billu opened the door of the house and lit a match-stick, the prosecutrix found that in fact, this house was only a cowshed. She, therefore, tried to turn back but Gopal caught hold of her hand and took her inside the cowshed and bolted the door from inside. He then forced her to lie down on the ground, untied her salwar by breaking the nara and then raped her. 7-8 boys were standing outside the cowshed. After Gopal satisfied his lust, he went out and thereafter, one after the other six boys came inside the cowshed and ravished the prosecutrix. She could not recognize them since it was dark. She could identify only Govinder, accused since she could identify his voice. Thereafter, all the other boys left and the prosecutrix was crying inside the cowshed. Thereafter, the accused Gopal Singh came inside the cowshed and assured the prosecutrix that he would marry her. He then took her to a house in the colony in which Anil Kumar alias Nilu, accused No.1 was residing. In the morning, the accused Gopal asked the prosecutrix to return to her house. She refused to do so but Gopal took her around village Khawangi and told her that he would meet her on 4th June, 1994 and would take her to his house. Thereafter, he left the prosecutrix there.