STATE OF H.P. Vs. YASH PAUL

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 1.2.1999, passed by Learned Sessions Judge, Una, District Una H.P., in Criminal Appeal No. 17/1996, acquitting the accused -respondent, under Section 377 of the Indian Penal Code.

(2.) THE case of the prosecution is that the victim, aged about 8 years son of Gurbachhan Singh and grand son of Nagahiya Ram, on 15.9.1991 had gone to jungle for grazing goats and other live stocks. The victim ( name not given), PW.2 was accompanying Nagahiya Ram, who strolled in the jungle for the purpose of collecting fuel wood leaving behind the victim alone. At about 5.00 P.M., when accused -respondent Yash Paul, said to have arrived there, he asked the victim to accompany him for the purpose of gathering fuel wood. The victim followed the accused -respondent and when they reached near the Banyan tree, the accused -respondent laid the victim upside down and took out his underwear and committed carnal intercourse, whereupon, the victim cried out of pain. At that time, accused -respondent gagged the mouth of the victim with 'Parna'. In the mean while, Nagahiya Ram, reached there and on seeing him, the accused -respondent ran away. The matter was reported to the police on 16.9.1991, on the basis of which FIR No. 66/91 was registered and accused was charged for the offence under Section 377 of the Indian Penal Code.

(3.) BEING aggrieved by the order dated 29.8.1996, in Criminal Case No. 12 -II -1993, the accused -respondent (respondent herein) preferred Criminal Appeal No. 17/1996. After adjudication of the said criminal appeal, learned Sessions Judge, Una, vide its order dated 1.2.1999, has set aside the order dated 19.8.1996 of the Chief Judicial Magistrate, acquitting the accused -respondent for the offence under Section 377 of the Indian Penal Code.