STATE OF H.P Vs. SATISH KUMAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment of acquittal dated 14.3.1996 passed by the learned Sessions Judge, Una, H.P. in Sessions Case No. 37 of 1995 under Section 376 of the Indian Penal Code.

(2.) AS per the case of the prosecution, accused is the nephew of the prosecutrix. On 29.5.1995 at about 1.00 p.m., prosecutrix was carrying food for her husband Sh. Sukhdev Singh (PW -2) and other persons who were working at village Amboha. When she reached near the khad (rivulet) in village Nangal Jarialan, the accused called her from behind and asked her to hand over the tiffin box which could be delivered by him to her husband. On her refusal to do so, the accused followed her and taunted her by saying "Suna Chachi Tera Ki Hal Hai." The prosecutrix retorted by asking the accused to mind his business and go his way. Suspecting his ill intention she changed her path and took the path which led to her village through the 'abadi' (habitation). Mid way, behind the hedge the accused caught the prosecutrix and threw her on the cow dung. She was also dragged for some distance and given fist blows. Though, she raised alarm but none came to her rescue. Thereafter the accused untied the string of her salwar and forcibly committed sexual intercourse with her. After committing the crime the accused ran away from the spot. The prosecutrix then went to the house of Sh. Daya Ram (PW -3) which was nearby and thereafter to Amboha where she narrated the incident to her husband (PW -2). Both she and her husband then went to meet Shri Gurdev Singh -Panch who advised them to report the matter to the Pradhan of the Panchayat. She narrated the incident also to Sh. Babu Ram (PW -10). The following morning she went to the Pradhan who informed that he would call a Khangi Panchayat and settled the matter within two days. Since the accused was not traceable and nothing was done, the prosecutrix then reported the matter to the police. Her statement (Ext.PA) was recorded on 2.6.1995, on the basis of which F.I.R. (Ext.PG) dated 2.6.1995 under Section 376 IPC was registered with the Police Station Gagret. The police get the prosecutrix medically examined through Dr. Neelam Maria (PW -12) who issued MLC (Ext.PW -12/C). The accused was also got medically examined from Dr. Y. P. Sharma (PW -4) who issued medical certificate (Ext.PB). On further investigation, on the basis of disclosure statement (Ext.PD) made before the police, the underwear of the accused was recovered. The clothes of the prosecutrix as also that of the accused were sent for chemical analyses to the F.S.L., Bharari and the report of the Chemical Examiner (Ext.PW ¬12/B) obtained by the police.

(3.) IN all, prosecution examined 14 witnesses. The statement of the accused under Section 313 Code of Criminal Procedure was also recorded. The Court below acquitted the accused of the charged offence. Hence, the present appeal.