STATE OF HIMACHAL PRADESH Vs. VIKAS ALIAS BILLU

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 24.5.1999, accused were put to trial. In terms of judgment dated 25.5.1999 passed by Sessions Judge, Kangra at Dharamshala in Criminal Case No. 36-K/VII/98(29/97), titled as State of H.P. v. Vikas alias Billu and another, accused stand acquitted of the charged offence.

(2.) Shri Satish (PW-8) son of Shri Inderjeet got FIR No. 233/97 dated 24.5.1997 (Ext.PW-8/A) registered with Police Station, Kangra, H.P. under Sections 363, 366 and 506, IPC. With the registration of FIR Shri Mohinder Singh (PW-16) commenced the investigation. As per the version of the prosecution, prosecutrix (PW-15) who was 14 years of age, during summer vacation had come from Delhi along with her mother Smt. Usha Sawhni (PW-13) to stay at the house of her grandfather (Sh. Jagdish) at Kangra. Prosecutrix is a deaf and dumb child and speaks through sign language. On 24.5.1997, prosecutrix had gone to see a movie in a Video Hall, located in the upper storey of the shop belonging to PW-8, who is her uncle. Video Hall was owned and run by Shri Kulwinder (PW-12) . At about 2 p.m., PW-13 realised that prosecutrix was not at home, therefore, she came to the shop of PW-8 to search for her. She was told that the prosecutrix had gone to see a movie at "Shintu Video Hall". PW-8 looked for her in the Video Hall but was not there. Then PW-8 and PW-12, on a motorcycle went to search for the prosecutrix at the house of a relative Smt. Neelam Bhasin, She was also not there. However, while standing in front of her house they heard a peculiar kind of voice identified to be that of the prosecutrix, coming from a direction of Shail Hotel. This hotel is situated just opposite to the house of Smt. Neelam Basin. On enquiries made by PW-8 and PW-12 they were told by the Manager of the hotel Shri Satish Kumar (PW-11) that two boys had taken a girl inside room No. 1. PW-8 and PW-12 forcibly opened the door and found the prosecutrix inside the room alongwith accused Narinder alias Sonu and accused Vikas alias Billu. The accused persons had taken off their clothes as also clothes of the prosecutrix. Her ornaments were also removed. Accused ran away from the place by brandishing a dagger. Prosecutrix informed them that from the Video Hall accused Narinder took her to Sainik Rest house by showing a dagger. There they stayed for some time. From there both Vikas and Narinder took her in a scooter to the hotel. They gave beatings to PW-11 and then took her inside the room. After consuming something liquid accused Narinder started opening his clothes. Even her clothes were opened.

(3.) During investigation dagger (Ext.P-1) was recovered from accused Billu in the presence of Shri Mahesh Bhaseen (PW-5). This was done on 24.5.1997 itself. Accused Narinder was apprehended on 25.5.1997 at 4.15 a.m. in the presence of Shri Satish Kumar (PW-6). Accused persons were got medically examined.Prosecutrix was got medically examined by Dr. J.R. Azad (PW-4). Specimen signatures of accused Narinder were taken by the police and record showing the entry made by him in the register maintained by Shri Hans Raj (PW-9), Chowkidar of Sainik Rest House, Kangra, was taken into possession. Documents were sent for comparison to a handwriting expert and report (Ext.PW-18/B) obtained by the police. With the completion of investigation, challan was presented in the Court for trial.