LAWS(HPH)-2010-7-316

STATE OF H P Vs. PREM PAL

Decided On July 24, 2010
STATE OF H P Appellant
V/S
PREM PAL Respondents

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 23.08.1999 delivered by the learned Addl. Sessions Judge, Sirmaur District at Nahan in Sessions Trial No. 10-N/7 of 1999 whereby he acquitted the accused of having committed offences punishable under Sections 452 read with Section 376 of the Indian Penal Code.

(2.) Briefly stated the facts of the case are that on 13th April, 1998 at about 10.30 a.m the prosecutrix lodged a complaint with the Police Station Pachhad to the effect that on 8.4.1998 at about 12 noon she was in her Obra (cattle shed) giving fodder to her cattle. At that time accused Prem Singh came into the cattle shed and said that he wanted to have sex with her. She did not agree to this. The accused caught hold of her, hugged her and made her lie down on the floor of the Obra. He tore her salwar and forcibly opened the nara of the salwar. He pushed the salwar down, took off his own pants and had subjected her to forcible sexual intercourse. The prosecutrix raised a hue and cry and her cries were heard by her sister Jaiwanti, who came to the spot. On seeing her the accused ran away. According to the prosecutrix her husband was not at home on that date and he came back on the next day and she informed him about the occurrence at about 8.00 p.m. Thereafter they complained about the matter to the Pradhan of the Gram Panchayat, who did not take any action and only thereafter they came to the Police Station. On the basis of this complaint F.I.R. Ext.PW-1/A was recorded and the police investigated the matter.

(3.) The prosecutrix was got medically examined. She was examined by Dr. Ritu Vaidya and the report of the Dr. Ritu Vaidya had been proved by PW-11 Dr. Manisha Aggarwal. A perusal of this report shows that there were no marks of injury on any part of the body of the prosecutrix.