STATE OF H.P. Vs. SANJU

JUDGEMENT

(1.) The present appeal filed under Sec. 378 of the Code of Criminal Procedure is directed against the judgment of acquittal dated 20.3.1995 passed by the learned Addl. Sessions Judge (2), Kangra at Dharamshala, H.P. in Sessions Case No. 1 -G/VII/95 under Ss. 376 and 382 IPC.

(2.) It is the case of the prosecution that on 7.11.1993 prosecutrix (PW -6) had visited Village Garli for attending a religious function of "Baba Talau". She is a married lady and a permanent resident of village Jawahar. She attended the Bhandara and purchased certain articles in the bazaar at Garli. On her way back home, accused Sanju snatched her bag and ran towards the khad of village Garli. In order to get her bag she also ran after him. Thereafter he made her lie on the ground and after untying her salwar forcibly committed sexual intercourse without her consent. She raised hue and cry but the accused managed to escape from the spot leaving behind her bag. However, while fleeing the accused also took away her money and one silver chain. Certain ladies who happened to come at the spot took the prosecutrix to Garli where people had gathered and she was taken to the hospital at Garli for medical examination. Since the Medical Officer was not present she could not be examined there. Thereafter Shri Kuldeep Chand (PW -6) Up -pradhan of Garli telephonically informed the office of the SDM, Dehra about the incident. In turn the police was telephonically informed about the alleged crime which was recorded in the daily diary at Sl. No. 14 dated 7.11.1993 (Ext.P -11). SHO Naranjan Singh (PW -13) visited Garli and recorded the statement of the prosecutrix under Sec. 154 Cr.PC (Ext.P -6). The same was sent to Police Station, Jawalamukhi for registration of the case and accordingly F.I.R. (Ext.P -12) was registered on 7.11.1993 at about 8.45 P.M. The prosecutrix was got medically examined by Dr. Anita Mahajan (PW -1) and medical certificate (Ext.P -1) was issued by her. During the course of the investigation, clothes of the prosecutrix were sent for chemical examination and on 8.11.1993, the place of occurrence of the alleged crime was inspected by the Investigating Officer who prepared the spot map (Ext.P -15) and took into possession the broken bangles (Ext.P -5), allegedly belonging to the prosecutrix vide seizure memo Ext.P -7. Other necessary formalities were completed by the police and the challan was presented in Court for trial.

(3.) The accused was charged for an offence punishable under Sec. 376 IPC for having committed rape on the prosecutrix and also under Sec. 382 IPC for having committed theft of Rs. 265/ - and one silver chain belonging to the prosecutrix, after having made preparation for causing hurt and restraint for retaining her property and causing hurt. In all, the prosecution examined 13 witnesses and the statement of the accused under Sec. 313 Cr.PC was recorded. The accused did not plead guilty. He also did not lead any evidence in support of his defence.