STATE OF H.P. Vs. CHAIN SINGH

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 30.1.2001, passed by Learned Additional Sessions Judge -II, Kangra at Dharamshala, H.P., in Sessions Case No. 10 -N/2000, under Sections 376, 341 and 506 of the Indian Penal Code, acquitting the alleged accused/Respondent.

(2.) THE prosecution case is that on 9.11.1999, at about 5.15 P.M. when school of the victim / prosecutrix was over she was returning to her home and it was only about 1 km left to reach her home, while victim / prosecutrix was passing through the path, accused Chain Singh suddenly appeared from the bushes and pushed her and had laid her down and tried to sexual assault the victim. On her protest, accused / Respondent took out a knife from his pocket and challenged her saying that in case she raised alarm she would be killed. After breaking the string of the salwar, accused / Respondent committed sexual intercourse with the victim / prosecutrix. Thereafter, the accused detained the victim / prosecutrix for about 20 -25 minutes on the spot. In the mean time, brother of the victim / prosecutrix, namely, Rajesh Kumar and maternal uncle / Mama Dharam Chand grazing goats in the jungle were seen near the place of occurrence, when victim / prosecutrix raised alarm and with their help the victim / prosecutrix was rescued and was taken to home. Thereafter, FIR was lodged on 10.11.1999. The victim / prosecutrix was medically examined.

(3.) PW .1 Dr. Ashutosh Joshi examined the victim / prosecutrix (PW.2). On medical examination PW.1 did not notice any blood stain and injury on private parts of victim. No scratch mark or injury on her body was also noticed, however, PW.1 gave an opinion that possibility of sexual assault cannot be ruled out. In cross -examination PW.1 has stated that if a girl is dragged and raped in the bushes or on the hard surface, there is every possibility of injury on her hip and buttocks etc. PW.1 had also observed that string of salwar was not broken. PW.1 has also opined that if there is a sexual intercourse with the consent of the parties then there is no possibility of injury on the person of the girl.