STATE OF H.P. Vs. KRISHAN CHAND

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 20th August, 1998 delivered by the Judicial Magistrate 1st Class, Court No. 1, Mandi, whereby the accused has been acquitted of having committed offences, punishable under Sections 377 and 342 of the Indian Penal Code.

(2.) The prosecution story in brief is that on 24th September, 1993 Smt. Banti Devi alongwith her minor son 'U' (name withheld to protect his identity), who was aged about seven years, was working in the field. At about 12 noon, the minor child went to the nearby Pump House to drink water. There the accused took the child inside a room into the Pump House, took off the clothes and underwear of the child, made him lie down and sodomised him. When the child came out, he was in pain and told his mother about the occurrence. The mother went to the Pump House and confronted the accused, who did not reply. She then came home and told her husband. Thereafter, the report was lodged with the police at about 5 p.m. On this report of the mother of the child, FIR Ex. PW-2/A was lodged. The minor boy 'U' was got medically examined the same day at about 5.45 p.m. The accused was arrested and he was got medically examined next day at about 3.30 p.m. Further investigation was done in the matter and according to the police, after arrest, the accused identified the place where he had sodomised the minor child.

(3.) On the basis of the material collected by the police, the accused was challaned with having committed offences punishable under Sections 377 and 342 of the Indian Penal Code. The accused pleaded not guilty and claimed trial. The accused was acquitted by the trial Court and, hence, the present appeal by the State.