STATE OF HIMACHAL PRADESH Vs. KARAM SINGH

JUDGEMENT

(1.) Judgment dated 1.8.1997 of learned Sessions Court, whereby Respondent Karam Singh, who was tried for an offence, under Section 376 Indian Penal Code, had been acquitted, is assailed by the State in the present appeal. State seeks reversal of the judgment of trial Court and conviction of the Respondent for the said offence.

(2.) On 9.5.1994, prosecutrix went to the Police Station and lodged report Ext. PW6/A that about 8 months back, when she was returning home from village Dhani, where she had gone for tow days to stay with her sisters, who are married in that village, and was passing through a forest, Respondent appeared from behind and forcibly carried her on the lower side of a path into the bushes and committed rape on her. She was got medically examined and per medical certificate Ext. PW2/B, conducted on 11th May, 1994 by PW-2 Dr. R.G. Sood, she was carrying 30 weeks and 5 days pregnancy. Evidence regarding her age was collected from the school she had been studying in and also from the Panchayat, within the area of which her parental house is situate. As per these documents, her date of birth is 15.2.1979. Her skeletal age was also got determined. According to PW-1 Dr. Rama Singh, Radiologist, her age was 17 to 19 years. According to Dental Surgeon PW-3 Dr. S.C. Aggarwal, her age was between 15 and 16 years.

(3.) Trial Court after the commitment of the case to it, charged the Respondent with offence, under Section 376 Indian Penal Code. He pleaded not guilty.