STATE OF HP Vs. RICH PAL SINGH

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 1.3.1999 passed by learned Sessions Judge, Shimla, HP in Sessions Trial No. 47-S/7 of 1998, thereby acquitting the respondent / accused for the offence under Sections 376 of the Indian Penal Code.

(2.) Mr. Rajesh Verma, Advocate, is requested to assist the court as Legal Aid Counsel and he has agreed for the same.

(3.) The prosecution case is that the victim-prosecutrix was major and was married to Puran Bhadur who was employed Whether the reporters of the local papers maybe allowed to see the judgment? with Jagdish Rawat as agricultural labourer and was having a temporary residence in the orchard of said Jagdish Rawat in village Kathasu, Tehsil Jubbal, whereas accused was employed by one Lala Onkar Chand, as a domestic servant. Accused used to visit Puran Bhadur and victim-prosecutrix occasionally. In the last week of July, 1998, Puran Bhadur went to Nepal, leaving the prosecutrix behind. On 30.7.1998, victim-prosecutrix to a forest to graze the oxen of her master Jagdish Rawat. After releasing the oxen in the deep forest, victim-prosecutrix sat on one side of theroad. Around 12.00 or 1.00 PM, accused went there. He snatched scythe, which the prosecutrix was carrying, and threw the same away and he pulled and took the prosecutrix into a deep forest. There he broke loose the string of her salwar and removed his own pant and then committed sexual assault on her. After committing the sexual assault, accused fled to the house of his employer Onkar Chand. The victim-prosecutrix followed him and gave him beating. She also narrated to the daughter-in-law of accused's master and two girls named Rekha and Kalpana that she had been sexually assaulted by the accused. On 2.8.1998 went to the police station and lodged the report regarding the incident. The matter was enquired into. After investigation, the accused was charged for the aforesaid offence and the case was committed to the session Court.