STATE OF H.P. Vs. HARDYAL SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 3.7.1999 delivered by the learned Sessions Judge, Kullu, in Sessions Trial No. 5 of 1999 whereby he acquitted the accused of having committed an offence punishable under Section 376 IPC.

(2.) ON 27.6.1996 Ses Ram, father of the prosecutrix, lodged a report at Police Station, Manali to the effect that his daughter who is handicapped was raped by the accused about three and half months earlier when she was going to attend classes in the Prodh Shiksha Kendar (Adult Literacy Centre). It was alleged that the accused had forcibly taken the prosecutrix to his house and committed sexual intercourse with her. It was only when she became pregnant and her mother asked her about the cause of pregnancy that she disclosed these facts to the parents and then the complaint was lodged. After filing of the complaint, the prosecutrix was examined by PW -5 Dr. Geeta Kaul, who found that the prosecutrix was carrying pregnancy of 20 weeks. She also found that the prosecutrix was totally blind in the right eye but her left eye vision was normal.

(3.) THE allegation of the prosecutrix is that she was going to attend classes at the Adult Literacy Centre, when she was accosted by the accused. This version does not appear to be correct because even according to her the incident took place at 11 p.m. Adult literacy classes are held in the evening and not at mid night. No evidence has been led by the prosecution to show that any classes were scheduled to be held at that late hour of 11.00 p.m.