STATE OF H P Vs. CHAIN SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 21.9.1997, accused were put to trial. In terms of judgment dated 16.09.1999 passed by Sessions Judge, Solan, in Sessions Trial No. 21-S/7 of 1998, titled as State of H.P. vs. Chain Singh and others, accused stand acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 21.9.1997, prosecutrix (PW.1) alongwith her sister Rita (PW.4) had gone to purchase medicine from the Chemist in the bazar at Solan. After purchasing the medicine, at about 11.00 A.M., when they reached the bus-stand, they made inquiries from the accused, driver of the bus, as to where the bus was going. They were informed that the bus would be going to 'Mashiwar'. Prosecutrix and her sister sat in the bus. The accused persons also sat in the bus and accused Chain Singh, drove the bus towards 'Chambaghat'. After some distance accused Puran Dutt and Rakesh got down from the bus and accused Chain Singh and Rakesh took the bus ahead. In the bus, accused Rakesh Kumar, caught hold of the prosecutrix and took her to the back seat. There he opened her salwar and after taking off his pant forcibly committed sexual intercourse with her. Thereafter, bus was brought back to Solan and prosecutrix and her sister were dropped near St. Luke School at Solan. From there both the girls went home where prosecutrix narrated the incident to her mother, who in turn informed her father Chet Ram (PW.5), who lodged FIR No. 167/1997 (Ex.PW.5/A) at Police Station, Solan, under Sections 342, 376 and 120B IPC. Police commenced the investigation. Prosecutrix was got medically examined through Doctor Anita Sood (PW.2), who issued MLC (Ex.PW.2/A). Accused were also got medically examined. In order to determine the radiological age of the prosecutrix, X-ray examination was conducted and Doctor B.K. Bhardwaj (PW.3), on the basis of X- ray films (Ex.PW.3/A-1 to Ex.PW.3/A-4), opined the age of the prosecutrix to be between 17-19 years vide Report (Ex.PW.3/B). The school certificate (Ex.PW.8/A) and Panchayat certificate (Ex.PW.9/A) showed the date of birth of the prosecutrix to be 23.5.1981. Clothes of the prosecutrix (Ex.P1 to Ex.P3) were sent for chemical analysis and report of the Chemical Examiner (Ex.PW.11/E) obtained by the police. With completion of investigation, challan was presented in the Court for trial.

(3.) COURT below acquitted the accused of the charged offences, hence the present appeal.