STATE OF HP Vs. KUSHAL SINGH

JUDGEMENT

(1.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure in reference to judgment dated 28.6.2000, passed by Learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P., in Sessions Trial No. 7 of 1998, for the offence under Sections 452, 376 and 506 of the Indian Penal Code, acquitting the alleged accused / respondent.

(2.) The prosecution case is that the victim / prosecutrix (PW.1) (name not given) aged about 19 years was residing at her parental house alongwith her two younger brothers. The mother of the victim / prosecutrix had left her house for the house of her parents on 3.4.1996. In the intervening night of 3.4.1996 / 4.4.1996, when victim / prosecutrix was sleeping at her home, she visualized someone sleeping with her, she surprisingly got out of the bed and wanted to switch on the light despite resistance offered by the person sleeping with her. However, PW.1 got switched on the light and found that the accused person resident of the same village had trespassed into her room and was sleeping with her and forcibly committed sexual intercourse without her consent and against her will. The accused-respondent left in the same night after committing sexual intercourse and PW.1 the victim / prosecutrix reported the matter to her mother. Next day the matter was also brought to the notice of the village Panchayat and endeavour was made to reconcile the matter, however, the matter was reported to the police after elapse of six days i.e. 9.4.1996 at 5.30 P.M. The victim / prosecutrix was medically examined by Doctor Puneet Mahajan (PW.4), who after medical examination found the victim / prosecutrix a full grown up girl and was capable of sexual intercourse,however, has no mark or injury or violence on her body. PW.4 has opined that sexual intercourse cannot be ruled out.

(3.) After investigation, the accused-respondent was charged for the above offences and the case was committed for trial to the Sessions Court. In order to prove its case, the prosecution has examined as many as 9 prosecution witnesses, whereas, the accused / respondent through his statement under Section 313 of Cr.P.C., has denied the prosecution case.