STATE OF H.P. Vs. DAULAT RAM

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 17.9.1998, accused was put to trial. In terms of judgment dated 24.4.2000, passed by learned Sessions Judge, Sirmaur, District at Nahan, H.P., in Sessions Trial No. 21 -ST/7 of 1999 titled as State of H.P. v. Daulat Ram, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 17.9.1998, prosecutrix (PW -2) had gone to graze cattle in the jungle near Ram Nagar. At about 1200 noon, she was returning home for taking meals when accused caught her and took her to a maize field belonging to Guman Singh. There he tore her clothes and broke the string of her salwar. Thereafter, he laid the prosecutrix on the field and forcibly committed sexual intercourse against her will. Prosecutrix tried to rescue herself and she bit the accused with her teeth on his cheek. After committing sexual intercourse, accused ran away from the spot. Prosecutrix wore her clothes, went home and narrated the incident to her mother Smt. Shanti Devi. Her father Shri Mehar Singh (PW -9) was not available in the village till 19th of September, 1998. On his return, incident was narrated to him by the mother of the prosecutrix. Consequently, on 21st of September, 1998 the father reported the matter to the police, on the basis of which FIR No. 400 (Ext. PD/1) dated 21.9.1998 was registered with the Police Station, Paonta Sahib, under Section 376 IPC. Police commenced the investigation. Prosecutrix was got medically examined by Dr. (Mrs.) Shahida Ali, Medical officer, Civil Hospital, Paonta Sahib on 22.9.1998, who issued (MLC Ext.PC). Clothes of the prosecutrix (Exts. P1 and P2) were taken vide memo (Ext.PB). The accused was examined by Dr. S.N. Sachan (Dental Surgeon), who issued MLC (Ext.PA). In order to prove the age of the prosecutrix, extract of the Pariwar Register (Ext.P3) was obtained by the police. Clothes of the prosecutrix were sent for chemical analysis and report of the Chemical Examiner (Ext.PF) was also obtained. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined ten witnesses and the statement of accused under Section 313 Code of Criminal Procedure was also recorded. The accused took the following defence: